The State’s Positive Obligation to Ensure Personal Data Protection

The State’s Positive Obligation to Ensure Personal Data Protection

Journal article

1 electronic resource (page 501–504)

Extract Constitution, Arts. 5, 12, and 20 – Furkan Çakır Headnotes by the Editorial Office 1. The state is obliged not only to refrain from arbitrarily interfering with an individual’s right to the protection of personal data but also to prevent attacks by third parties. 2. In this context, the state has a positive obligation to establish an effective judicial system for resolving disputes, including those pertaining to an individual’s right to the protection of personal data. 3. The obligation to establish an effective judicial system does not necessarily require the initiation of a criminal case or the punishment of those responsible. However, providing individuals with an effective legal mechanism where they can present their claims and evidence is a requirement of the positive procedural obligation. Non-compliance with this requirement constitutes a violation of the right to request the protection of personal data. Constitutional Court, judgment of 13 February 2024 – Application No. 2020/36976

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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