Data Protection, Privacy & Information Law
European Court of Human Rights Case Law on Protection of Personal Data...
European Court of Human Rights; data protection; human rights; Turkey
Protection of Personal Data is one of the newest right developed within the Right to Privacy. This fundamental right has been perceieved mostly as a European value giving as a reason that it has been continuesly develop-ing under the European legal framework. Turkey also follows European heritage of human rights as one of the member of the Council of Europe and European Union candidate country. Recognition of personal data pro-tection as a single fundamental right was a late action of Turkey. For this reason, some of the data potection cases could not solved in Turkey’s jurisdiction, but were referred to the European Court of Human Right. If there was well-grounded data protection law before, the cases could be solved quicker and more in favor of Plaintiffs.
VÁRKONYI-GÜLTEKIN, GIZEM
Data Localization, International Law Perspective
Data protection, data localization, data flow, international trade law, trade barriers, WTO panels
Although the core principles of the General Agreement on Trade in Services (GATS) can extend the agreement to the movement of data, thereby enhancing the effectiveness of GATS in the digital age, there is very little to prevent governments from implementing wide data localisation measures, as GATS provides broad exceptions that create leeway for circumventing these obligations. Additionally, the ambiguity surrounding internet technology has given governments more justification. After all, how could anyone challenge these policies when technology and intelligent services themselves were once incapable of detecting what Edward Snowden later exposed? In response to these uncertainties, and the existing security exceptions in GATS, countries continue to invent new data localisation measures through different approaches. China forbids data transfers by default, only allowing them as exceptions, and emphasises national security with ambiguous discretionary limits. The GDPR limits transfers from outside the EU in order to balance privacy and trade but provides exceptions. The USA, without a unified federal legislative framework, has focused localization on areas such as taxation and defence, motivated mostly by national security. Given these dynamics, and the sensitivity of national security, the author argues that greater emphasis should be placed on reactivating the role of WTO panels and, at the very least, establishing broad boundaries for what constitutes security, even if the concept itself is difficult to define precisely.
ALI, SHAREEF SANAR
Smart Contracts: A comprehensive analysis of vulnerabilities and European measures
Smart contracts, blockchain, European Union, regulations
Smart Contracts form a predominant tool for today's operations, and it is existing in practically all fields like health, banking, investments etc. It is an alternative that matches the rapidity, and the easiness required by the new era. But legal adjustments are needed to preserve the rights and confront the challenges that come with it.
HIBATALLAH, LOUKIL
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