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Personal Data Protection Law

01Şubat2023

Explicit Consent and Blanket Consent Concepts

Conditions for the processing of personal data are regulated various fields in Turkish Law. First of these, article 20 of the Constitution of the Republic of Türkiye, titled "Privacy of Private Life" states that "Personal data can only be processed in cases stipulated by the law or with the explicit consent of the person." statement is included.

In addition to the Constitution, in article 5 of the Turkish Personal Data Protection Law ("KVKK") No. 6698, titled "Conditions for Processing ofSpecial categories of personal data" and in article 6 titled "Conditions for the Processing of Sensitive Data". However, while auditing the compliance of the data processing activity with the law, article 4 of the KVKK titled "General Principles" should also be taken into account.

Yazar CottGroup Hukuk ve Mevzuat Ekibi, Kategori Personal Data Protection Law

20Aralık2022

The Constitutional Court Decided that the Right to An Effective Remedy Regarding Personal Data Has Been Violated

With the application number 2018/6161 and dated June 28, 2022 Constitutional Court Decision has been published in the Official Gazette No. 32049 on December 20, 2022, it has been concluded that the right to effective remedy, which is a positive obligation that must be carried out and assumed by the public authorities, has been violated.

The applicant had applied to the relevant telecommunication company for internet data, log records, IMEI information, hot spot date information and IP numbers received jointly with other subscribers belonging to his telephone line and containing a certain date range to be given to himself, and the request was not accepted by the relevant company. In the suit filed thereon, the local court decided to dismiss the case from the procedure, no positive results have been obtained from the legal remedy applied.

Yazar CottGroup Hukuk ve Mevzuat Ekibi, Kategori Personal Data Protection Law

01Aralık2022

The Constitutional Court Decided that the Right to Protection of Personal Data Has Been Violated

With the application number 2018/16857 and dated 29.09.2022 Constitutional Court Decision has been published in the Official Gazette No. 32030 on 01.12.2022, it has been concluded that the obligation to protect of personal data is a positive obligation that should be undertaken by public authorities hasn’t been fulfilled.

The Constitutional Court examined the claim that the right to request the protection of personal data was violated since the investigation made on the complaint regarding the illegal recording of a non-public speech was not conducted in accordance with the positive obligations of the state.

Yazar CottGroup Hukuk ve Mevzuat Ekibi, Kategori Personal Data Protection Law

24Kasım2022

Administrative Fine Amounts in KVKK for 2023

Pursuant to duplicated Article 298 of Tax Procedure Law, the revaluation rate has been published in the Official Gazette numbered 32023 (In Turkish) and dated 24.11.2022. Revaluation rate announced in the rate of 122.93% (one hundred twenty two comma ninety three) for 2023.

Yazar CottGroup Hukuk ve Mevzuat Ekibi, Kategori Personal Data Protection Law

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