The Board of Protection of Personal Data Has Published New Decision Summaries 28 February 2019
Pursuant to the articles 15 and 22 of the Law on Protection of Personal Data no. 6698 (“Law”), the Board of Protection of Personal Data (“Board”) is entitled to conduct necessary inspection within the scope of its remit either ex officio in case it learns the allegation of a violation or upon complaint, and to impose administrative fines in case of breach. The Board publishes decision summaries of its investigations which are considered to be important and to establish precedent on its website.
You can find the most recent three decision summaries as following:
1. Sharing of Personal Data of Special Nature with A Third Party by the Data Controller Without Subjecting to Any Processing Condition
In the application for complaint subject to the Board’s Decision dated 05.12.2018 and numbered 2018/143 as a summary; health data of a natural person who uses medication under the control of a doctor has been shared with a third party by the pharmacy he/she procures his/her medicines from without subjecting to any condition where it is possible to process the personal data of special nature without explicit consent regulated in the Article 6 Sub-Article (3) of the Law numbered 6698.
As a result of its examination, the Board decided to impose administrative fine pursuant to the Article 18 of the Law on the Data Controller Pharmacy which violates the obligation of not to make the personal data public and not to use personal data outside of its processing purpose contrary to the provisions of Law and which shared the personal data of special nature of a natural person with a third party without subjecting to any condition regulated in the Article 8 Sub-Article 2 of the Law where it is possible to transmits the personal data without explicit consent of the related person.
2. A Natural person’s Personal Data which has been shared via the Web Site of A Company in order to shop Becoming Accessible to the Third Parties and the Request for Deletion of These Data
In the application for complaint subject to the Board’s Decision dated 26.07.2018 and numbered 2018/91 as a summary; the complainant’s a number of personal data such as his/her membership information, delivery address, name, surname, phone number shared to do shopping from a ready-made clothing company from its web site have become accessible to third parties and due to this reason, the complainant has requested from the firm his/her personal data to be deleted, annihilated, rendered unachievable, also deleted and annihilated before the other institutions where personal data have been shared with at home and abroad.
The defense and justifications of the Data Controller concerning the personal data became accessible to third parties such as they were not aware of the situation until the incident and the incident has arisen from a systematic error are found insufficient by the Board and as a consequence, the Board has decided to impose administrative fine pursuant to the Article 18 of the Law on the Data Controller Company which did not fulfill his/her obligation to take any kind of necessary technical and administrative measures towards providing the proper safety level in order to provide the conservation of personal data and prevent unlawful access to personal data.
In terms of the request for annihilation of the personal data which has become accessible to third parties; due to the fact that the Board has detected that the reasons for processing of the data disappeared in the present case and that the complainant have the right to demand the annihilation of his/her personal data in this context according to the Article 11 of the Law; the Board decided to accept the complainant’s requests and they decided that the company shall announce the transactions to be made in this matter and transmit to the complainant within 30 days from the notification of the decision together with the supporting documents.
3. Request for Annihilation of Documents in regard to the Investigation-Prosecution Files of Public Officers During Their Incumbency
In the application for complaintsubject to the decision of the Board dated 28.06.2018 and numbered 2018/69 concerning the request for annihilation of documents in regard to the investigation-prosecution files opened about public officers during their incumbency, as a summary; the Board has decided that it is appropriate to refuse the requests of the public officers by reason of the fact that the documents requested to be annulated are partake of the documents required to be preserved in the personal file pursuant to the Article 109 which titled “Public Officer Information System, Personal File” of the Law numbered 657.
According to the Article 7 Sub-Article 1 of the Law numbered 6698; in case the reasons that require processing are disappeared, the related person may request the deletion, annulation or anonymization of his/her personal data.
However said documents are kind of documents that have to be preserved in the personal files of the public officers as it is regulated in the Law numbered 657 and the personal files of the officers whose duties have been terminated for any reason should be preserved according to the Public Servant General Communique (Serial No: 2). Furthermore, said personal files shall be found in the context of the officialdom registration files until one hundred one years passed over the last transaction date. Under the circumstances, processing reason has not disappeared yet pursuant to the Article 7 of the Law numbered 6698 and the refusal of the request by the said public institutions has been found appropriate by the Board
Other News
-
21.11.2024
The Procedure of Sale by Auction and The Legal Aspect of New Regulations Brought by the 9th Judicial Package
By new regulations brought by the 9th Judicial Package, a new legal frame for the sale of seized goods electronically is instructed according to Enforcement and Bankruptcy Law Article 111/b. Transactions about the sales of seized goods are made via a sale portal integrated with the National Judicial Network Information System (UYAP) by auction. However, because of the legal gaps of the law, an application about the sale transactions cannot be displayed. The amendments introduced by legislators to the law regarding electronic sales in the 8th and 9th Judicial Packages, as well as the newly established regulations, are considered an important step toward making foreclosure processes faster and ensuring that sales transactions are conducted in a safer and more transparent environment.
-
14.11.2024
Law Numbered 7531 On Amendments To Certain Laws Was Published
Law1 No. 7531 on the Amendment of Certain Laws ("Law"), also known as the 9th Judicial Package, was published in the Official Gazette dated 14.11.2024 and numbered 32722 and contains significant amendments to 17 different laws.
-
12.11.2024
E-Government Era Begins In Lease Agreements!
The Ministry of Treasury and Finance ("Ministry") announced in the 2023-2025 period of its 2022 Action Plan for Combating the Informal Economy ("Action Plan") that lease agreements could be concluded through the e-Government portal to support the decision-making processes of the parties involved and conduct risk analysis studies. The first phase of this activity was launched on November 4, 2024, through the e-Government portal, and the second phase is expected to be implemented by the end of the year.
-
10.11.2024
A New Era in Digital Markets: The Competition Authori's The Competition Authority's 2024-2028 Strategic Plan Published
The Competition Authority ("the Authority") has published its 2024-2028 Strategic Plan ("the Strategic Plan") with the aim of adapting to the rapidly evolving dynamics of digital markets and maintaining a competitive economic order. Developed in light of recent shifts in the global competitive environment, the Strategic Plan focuses on new regulations in digital markets and emerging technologies. The Authority aims to ensure fair and competitive markets through this plan, with a clear focus on enhancing consumer welfare.
-
30.10.2024
Public Announcement on Standard Contract Notification Module Published
Public Announcement on Standard Contract Notification Module published on 24.10.2024 on the official website of Personal Data Protection Authority ("Authority"). By the decision dated 17.10.2024, the Personal Data Protection Board ("Board") created "Standard Contract Notification Module" ("Module") in order to carry out standard contract notification processes in a faster and more efficient manner and decided that the notifications could also be carried out online via the Module.
-
27.10.2024
Warning To Research Companies: Inform First, Then Obtain Consent
After the number of complaints to the Personal Data Protection Authority ("Authority"), the Authority published a Public Announcement on "Personal Data Processing Activities of Research Companies by Using "Random-Digit Dialing as a Method of Telephone Sampling" for the purpose of Statistical Research" ("Public Announcement").
-
20.10.2024
EU Data Act
In today's world, where digitalization is gaining significant pace, data sharing and management are of vital importance for all sectors. In this context, the European Union has adopted the EU Data Act, which reshapes the regulations on data sharing. It aims to promote the wider use of data generated by digital devices and services while introducing new rules for a fair data economy.
-
1.10.2024
Regulation No.2023/1115 on the Prevention of Deforestation and Rules for Companies Exporting Products to the European Union
According to data from the United Nations Food and Agriculture Organization, it has been determined that the world's forests decreased by 178 million hectares over the 30-year period from 1990 to 2020.
-
30.9.2024
SEC Climate Disclosure Rule
For the sake of a livable environment and the future of our world, sustainability and ecosystem protection are becoming increasingly important. In this context, governments are introducing environmental reporting standards for companies, which are among the actors that most significantly impact the ecosystem.
-
25.7.2024
2024-2025 Action Plan For The National Artificial Intelligence Strategy Has Entered Into Force
Presidency of the Republic of Türkiye Digital Transformation Office published 2024-2025 Action Plan for the National Artificial Intelligence Strategy within the framework of the 12th Development Plan in order to further Turkey's progress in the field of artificial intelligence and to achieve the set targets.
-
29.5.2024
Important Amendments Introduced to the Turkish Commercial Code by Law No.7511
The Law on Amendments on Turkish Commercial Code and Certain Laws (the "Law") was published in the Official Gazette dated 29 May 2024 and numbered 32560.
-
7.5.2024
Law Proposal on the Amendments on the Turkish Commercial Code Numbered 6102 and Certain Laws in Offered to the Parliament
Law Proposal on the Amendments on the Turkish Commercial Code and Certain Laws is offered to the parliament. Within the scope of the proposal, it is planned to make important amendments to a number of laws, particularly the Turkish Commercial Code, the Cooperatives Law, the Law on the Protection of Competition and the Law on Consumer Protection.
-
18.4.2024
The Constitutional Court Decision Annulled The Regulation Envisaging Liability For Litigation Expenses Within The Scope Of Mediation In Civil Disputes
In accordance with paragraph 11 of Article 18/A of Law No. 6325 on Mediation in Civil Disputes1 ("the Code"), a party shall be held liable for the entire cost of the litigation, nothwithstanding justification at the conclusion of the proceedings, and shall not be granted power of attorney fee if he or she fails to appear for the initial session of mandatory mediation without providing an explanation.The aforementioned regulation is outlined as follows:
-
7.4.2024
E-Application" Period In Capital Markets Board Applications
With its announcement dated 5 February 2024, the Capital Markets Board ("Board") announced to the public that capital market institutions, organisations and partnerships will be able to make their applications more quickly and effectively through the e-Application System.
-
4.4.2024
The Amounts In The Pre-Conditions To Be Complied With Before The Initial Public Offering Of Shares In Several Sectors Were Decreased
The Capital Markets Board ("Board" or "CMB") decreased the financial thresholds for financial statements, especially considering the sectoral differences of the companies that submitting to the Board for initial public offering and the 12th Development Plan ("Plan") prepared by the Presidency of the Strategy and Budget Directorate.