Newsletter-21

402 NEWSLETTER 2016 The Definitions After entry into force of the LPPD, for the first time under Turk- ish Law, personal data has a legal definition, which is “…any informa- tion relating to a natural person whose identity has been or may be identified. ” (Art. 3/ç) Along with this, personal data processing was also defined as “ any operation or set of operations which is performed upon personal data, by automatic means, in full or in part, or non- automatic means, provided that it is a part of a data storage system, through collection, recording, storage, adaptation or alteration, re- trieval, disclosure by transmission, dissemination or otherwise, mak- ing available, alignment or combination, blocking the use thereof. ” (Art. 3/d) In addition, the data controller, which is the main person respon- sible for the processing of data, is defined as “the legal entities and natural persons who are responsible for the establishment and man- agement of the data recording system.” (Art. 3/ı) The Scope of Application The LPPD shall be applicable to all natural persons whose person- al data is processed, and to real persons and legal entities that process this data, wholly or partially, through automated or non-automated means, provided that the latter is part of any data recording system (Art. 2, Art. 3 of Convention No. 108). As is clear through the definitions, as well, the related person, namely, the person whose personal data is protected by the Law, shall only be a natural person; whereas, the data controller may or may not be a natural person. As part of the protection of the right to private life, the LPPD does not stipulate the exemptions under the application thereof categorically; for instance, on the basis of the type of related parties whose personal data can be processed outside of the scope of the Law. Rather, the exemptions of the Law, which are not few in number, are stipulated on the basis of their aims. Such exemptions may be summarized, as follows: • “Processed completely for activities with regard to the data subject or his/her family members;