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domestic law, is necessary in order that the Convention no. 108 (the first regulation
within the international law on data protection) signed by Turkey on 28 January 1981
be approved. Additional Protocol no 181 (Protocol regarding Supervisory Authorities
and Transborder Data Flow), which is highly related to cloud computing services, was
signed by Turkey on 8 November 2001 but has not yet been approved for domestic
law. One of the most important legal documents prepared by the European
Commission with regard to international cybercrimes is Convention on Cybercrime
no 185 [23]. Prepared with the contributions of the USA and opened for signature on
23 November 2001, Convention on Cybercrime no 185 was signed by Turkey on 10
November 2010. However, Convention on Cybercrime could not be put into effect
either for lack of the required regulations in domestic law.
4
Conclusion
Numerous risks exist for the users receiving service via cloud computing, particularly
with regard to data protection. While it is regarded as normal to experience certain
problems in the launching period of a new technology, it is highly important to raise
the awareness of the users at the optimum stage in order to minimize adverse effects.
Cloud computing is regarded as the focal spot where information and computer
technologies are heading towards. But on the other hand, problems of cloud
computing have been scrutinized along with the benefits and accordingly, a number of
policies and projects with regard to data security have been introduced by the EU and
the USA. However, it is also observed that EU and the US laws on privacy and
security have been reviewed in order to provide adequate protection for the sensitive
data belonging to users.
Cloud computing is situated within an excessively broad scope of legal liability.
The concept of personal data protection, which is being protected by the federal law
in the USA and covered by a certain framework through the Convention No. 108 of
the European Council and the Additional Protocol No. 181, is still far from the
attention and the agenda of Turkey in terms of its legal dimension. This study
observed that legal infrastructure with regard to protection of data and personal
information has not been established yet and users are left to take measures and
responsibility for data security within the cyber environment, on their own. Although
Turkey is a party to numerous missions and conventions initiated by EU (such as the
Conventions No. 108 and 185 etc.), these initiatives cannot be put into effect due to
the lack of the required regulations in the domestic law. Required regulations are
needed in order to apply to cloud services in Turkey the articles regarding data
security, which are included in the terms of services of cloud computing but as of yet
cover only the users from certain countries (such as USA, Australia, European
Economic Area and Switzerland etc.).
References
1.
European Commission: Unleashing the Potential of Cloud Computing in Europe,
http:
//ec.europa.eu/information_society/activities/cloudcomputing
/docs/com/com_cloud.pdf
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