JOURNAL ARTICLE

The State's Positive Obligation to Ensure Personal Data Protection.

  • Published In: GRUR International: Journal of European & International IP Law, 2025, v. 74, n. 5. P. 501 1 of 2

  • Database: Legal Source 2 of 2

Abstract

The article focuses on a Constitutional Court ruling regarding the violation of an individual's right to request the protection of personal data, as guaranteed under Article 20 of the Turkish Constitution. The case involved an applicant who alleged that his former employer unlawfully accessed his bank account transactions without consent, leading to a complaint that was not pursued by the Chief Public Prosecutor's Office. The Constitutional Court determined that the state has a positive obligation to establish an effective judicial system for resolving such disputes and concluded that the applicant's right to protection of personal data was violated due to the lack of an effective legal mechanism to present his claims and evidence. The court ordered a new investigation to address the violation. [Extracted from the article]

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2025/05, Vol. 74, Issue 5, p501
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:26328550
  • DOI:10.1093/grurint/ikaf018
  • Accession Number:185320931
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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