THE REGULATIONS IN TURKISH, THE EUROPEAN UNION AND AMERICAN LAWS REGARDING DATA PROTECTION FAILURE BY CLOUD COMPUTING SERVICE PROVIDERS

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Cloud computing technology, which enables access to computing resources from computer networks independent of time and place, it has currently become an important market in the information technology sector. Although outsourcing information technology operations to third parties reduces the costs, various questions of law ensue especially regarding the storage of data by cloud computing service providers and their failure to protect these data. Some countries have enacted laws and regulations to avoid these problems, but in most countries including Turkey, the laws and regulations are insufficient particularly with regard to the protection of personal data. In 2008, the draft of the Personal Data Protection Law was prepared within the framework of Turkey’s European Union (EU) harmonization process, but it has still not become a law. As the enactment of this law will place Turkey among the more trusted countries with respect to information security, the passing of this draft is of great significance. In this study, the regulations on data loss in EU and the United States of America were studied and the provisions of the legislation in effect until the draft of the Personal Data Protection Law is enacted was explained. Furthermore, the compliance of the draft of the Personal Data Protection Law’s provisions to the regulations in EU legislations was investigated.

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Cloud Computing , Data Loss , the Draft of Personal Data Protection Law , Information Technology Law.

dokuz eylul university the journal of graduate school of social sciences

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dokuz eylul university the journal of graduate school of social sciences