Regulation on Processing of Land Registry and Cadaster Data Has Been Published

Regulation on Processing of Land Registry and Cadaster Data and Transactions to be Made in Electronic Media ("Regulation") has been published in the Official Gazette No.31860 and dated June 8,2022 by the Republic of Türkiye Ministry of Environment, Urbanization and Climate Change. The Regulation determines the principles and procedures regarding the online processing of the data in the central database of General Directorate of Land Registry and Cadaster and the transactions to be made in the electronic media. Land Registry and Cadaster System ("TAKPAS") means a service that allows the data kept in the central database to be shared with institutions and individuals, a system consisting of Web Land Registry or other interfaces determined by the General Directorate; "Recipient" means the person or institutions benefiting from TAKPAS; "General Directorate" means General Directorate of Land Registry and Cadaster, "Protocol" means the access protocol to TAKPAS prepared in accordance Turkish Personal Data Protection Law dated March 24, 2016 and numbered 6698 and signed with institutions requesting land registry and cadaster data, professional organizations in the nature of public institutions limited to their own business, legal entities operating in real estate-related matters.

What are the General Principles Determined by the Regulation on Data Access?

• In order to create a data request and query by the Recipient, it is obligatory to make a protocol with the General Directorate or an electronic acceptance declaration.
• Recipient may obtain the information of the people which is subject to the transaction in accordance with the protocol signed with the General Directorate of Land Registry and Cadaster ("General Directorate"). The personal data's in question cannot be used for any purpose other than the fulfillment of the activity for which the intended use is defined.
• According to the Regulation, it is provided that the archive is approved for cadaster data, the data obtained from the central database of the General Directorate are valid until proven otherwise.
• If the information obtained within the scope of data access request falls into the hands of unauthorized persons, the General Directorate implements partial identification or masking measures on the information it deems necessary in a way that will make it difficult to determine who the seized data belongs to.
• The Recipient is obliged to ensure the confidentially of the data received with TAKPAS. It takes all kinds of technical and administrative measures to prevent unlawful processing and access of these data and to ensure their preservation.
• In the transfer of land registry and cadaster data abroad are complied with the restrictions and rules in Article 9 of the Turkish Personal Data Protection Law ("KVKK") numbered 6698. For sensitive personal data, the measures determined by the Personal Data Protection Board are taken in accordance with the fourth paragraph of Article 6 of the KVKK.
• In the processing of sensitive personal data are complied with the precautions included in the regulations made by the Personal Data Protection Board within the scope of the fourth paragraph of the 6th article of Turkish Personal Data Protection Law numbered 6698.

What are the Obligations Regarding Data Security?

• Obligations are complied with regarding data security in Article 12 of KVKK. In taking technical and administrative measures, the Personal Data Security Guide (in Turkish) prepared by the Personal Data Protection Authority is taken as a basis.
• The General Directorate takes all kinds of administrative and technical security measures in order to prevent unlawful processing of personal data and illegal access to personal data and to ensure its preservation and monitors and supervises those institutions and individual take these measures as well.
• In case the processed personal data is obtained by others illegally, the notification to be made by the data controller to the data subject and to the Personal Data Protection Board shall be based on the provisions of the KVKK and the regulatory actions of the Personal Data Protection Board regarding this matter.

How Does it Work that Application and Protocol Process to TAKPAS?

• The Recipient who wants to benefit from TAKPAS makes a request to the General Directorate in writing or electronically.
• A protocol is signed with those applications are deemed appropriate.

Protocols include the following:

• The nature and limit of the data, the limit of the number of queries per user per day,
• Access form, duration, control and security of data,
• The duration of the protocol,
• The retention period of personal data,
• For what purpose the data will be accessed and its legal justification,
• Authorities, duties and legal responsibilities of the parties,
• Administrative and technical measures to be taken,
• Education,
• Pricing,
• Other matters.

How do Lawyers Access Data Through the Union of Turkish Bar Associations?

• Lawyers can inquire about real estate information from here (in Turkish), as a sub-user of the Union of Turkish Bar Associations, via TAKPAS (In Turkish) interfaces or internet services in relation to their duties.
• In this context, lawyers can be accessed information about whether the person concerned only has real estate (including passive registration information) can be obtained from the system by scan the written document (bill of exchange, note credit vouchers, rental agreement, request to issue enforcement proceedings and etc.) to the system, adding the date and/or number of the document and approving the electronic acceptance declaration with e-signature.
• At the same time, in inquiries to be made by scanning the power of attorney revealing his/her interest, it is possible to access the information of the real estate (including the passive registration information) or the record sample depending on the request of the lawyer, by entering the information about which persons assets are being questioned for what purpose into the system and the electronic acceptance declaration is approved with e-signature.

You can reach the relevant Official Gazette here.(in Turkish)

Should you have any queries or need further details, please contact your customer representative.