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A. Privacy of Individual Life
ARTICLE 20. (As amended on October 17, 2001)
Everyone has the right to demand respect for his or her private and family life. Privacy of an individual or family life cannot be violated.
Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, neither the person nor the private papers, nor belongings, of an individual shall be searched nor shall they be seized. The decision of the authorized agency shall be submitted for the approval of the judge having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.
B. Inviolability of the Domicile
ARTICLE 21. (As amended on October 17, 2001)
The domicile of an individual shall not be violated.
Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, no domicile may be entered or searched or the property therein seized. The decision of the authorised agency shall be submitted for the approval of the judge having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.
C. Freedom of Communication
ARTICLE 22.(As amended on October 17, 2001)
Everyone has the right to freedom of communication.
Secrecy of communication is fundamental.
Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication shall not be impeded nor its secrecy be violated. The decision of the authorised agency shall be submitted for the approval of the judge having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.
Public establishments or institutions where exceptions to the above may be applied are defined by law.
Civil Code
I. PROTECTION AGAINST ONESELF
Article 23,
"Civil rights may not even partially be waived nor may they be restricted against the law and general ethics with the exception that the biological matter of human origin may, under the wriiten approval of concerned persons, be removed, inoculated and transplanted. However any contract to this efect is not enforcreable and non compliance with such a contract is not subject to any physical or moral damages."
II. PROTECTION AGAINST OTHERS
1. The principle
Where anyone is injured in his person by an illegal act, he can apply to the judge for his protection from any person who takes an active part in effecting the injury.An injury is illegal where it is not justified by the injured person's consent, by a predominantly private or public interest or by law
2. Legal remedies
If an infringement of personality exist, the injured party is entitled to the remedies for an injunction of the imminent injury; . the removal of an existing injury; a statement of illegality of an injury where the continuation of the illegal act has a disturbing effect.
In particular he can demand that the rectification or the judgment is made known to a third party or published.
Reservations are made for an action for damages and moral compensation as well as the handing over of profit in compliance with the provisions made for agency of necessity
Moral compensation claims are not assignable unless approved by the defendant.
The proper venue of jurisdiction will be either the plaintiff's or the defendant's place of domicile.
III. PROTECTION OF NAME
Article 26 Where a person disputes the right of another person to his name, the latter can apply to the judge to have his name established
The person's name is basically protected by Article 29 CC which provides:
"Where a person disputes the right of another person to his name, the latter can apply to the judge to have his name established.
Where a person assumes the name of another to the latter's prejudice, the latter can apply for an injunction to restrain the continuation of this assumption, and can in addition claim damages if the act is proved wrongful, and moral compensation if this is justified by the nature of the wrong suffered"
E-SIGNATURE LAW
LABOUR LAW
Employee file
Article 75- The employer is required to keep a file for each employee. This file, in addition of personal information, include all relevant information and documents required by the laws. The employer is bound to submit the file to the appropriate public authorities whenever asked.
The employer is obliged to administer the files in a lawful manner with utmost goodfaith and not to disclose any information of which the employee might have legitimate interests in keeping confidential.
DRAFT LAW ON PROTECTION OF PERSONAL DATA
As undertaken as part of Turkey's responsiibility for access to EU, the draft has been submitted to the Office of the Prime Minister as of June 2004. Briefly, the Drfat proivdes for;
Personal data,
a) should be processed fairly and lawfully
All individuals, at reasonable intervals, may apply to an owner of the personal data filing system to confirm whether or not data relating to him are being collected and ask for if there is any collected data relating to him.
b) Data regarding, racial origin, political belief, religion,
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