Assessment of the Personal Data Protection Board's Decision Summaries of 3 April 2019

22 April 2019Murat Volkan DülgerCommentary

Introduction

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

The Personal Data Protection Board is charged with performing the duties and exercising the powers conferred on it by Law No. 6698 on the Protection of Personal Data (KVKK) and by the other legislation on the subject. Accordingly, it is also empowered to decide on the complaints of those who claim that their rights relating to personal data have been violated. In addition, upon a complaint, or ex officio where it learns of an alleged violation, the Board will examine whether personal data are being processed lawfully in matters falling within its remit and will take measures in this regard where necessary.

The entry into force of the KVKK and the adoption of the other legal rules on the subject drew a general framework for personal data protection law. Since then the Board, relying on these duties and powers, has been deciding concrete cases on the subject and sharing with the public, in summary form, those it considers necessary. The subject of this article is the decisions of various dates that the Board most recently published on 3 April 2019. I will discuss the decisions in particular in terms of the questions and problems in the concrete case and the Board’s approach to them, and will conclude by assessing them with my own views and suggestions.