Data Protection in Turkey

Collection and processing in Turkey

Pursuant to the LPPD, it is mandatory to comply with certain principles while collecting and processing personal data. In light of such principles collected personal data must be all of the following:

  • Processed fairly and lawfully;
  • Accurate and up-to-date;
  • Processed for specific, explicit and legitimate purposes;
  • Relevant, adequate and not excessive;
  • Kept for a term necessary for purposes or for a term prescribed in relevant laws for which the data have been processed.

Further, in principle, personal data cannot be processed without being collected and processed with explicit consent of the data subject. However, the LPPD stipulates certain exceptions where consent is not required. These are:

  • Processing is expressly permitted by law;
  • Processing is necessary for protection of the life or physical integrity of the data subject or a third party, where the data subject is not physically or legally capable of giving consent;
  • Processing personal data of the contractual parties is necessary for the conclusion or the performance of a contract;
  • Processing is mandatory for the data controller to perform his / her legal obligation(s);
  • Personal data has been made public by the data subject;
  • Processing is necessary in order to assign, use or protect a right;
  • Processing is necessary for the legitimate interests of data processor and this does not damage the rights of the data subject.

Pursuant to Article 10 of the LPPD, data controllers or their authorized persons have an obligation to inform data subjects during the collection of the personal data. The Communiqué on Procedures and Principles for Compliance with the Obligation to Inform published in the Official Gazette dated March 10, 2018, numbered 30356 sets forth the principles and procedures on the obligation to inform. As part of the collection of data from the data subject the controller is obliged to provide the data subject with the following information:

  • Identity of the controller and of its representative, if any;
  • Purposes of the processing for which the data is intended;
  • Recipients of the data and the reasons for transfer;
  • Process of collecting data and the legal grounds; and
  • Rights of the data subject.

Where the data has not been obtained from the data subject, the controller shall provide the data subject with the above stated information as well as details of the categories of data concerned. According to the relevant Communiqué, the obligation to inform should be fulfilled within a reasonable time after collecting the personal data, or during the first contact if the personal data is obtained for communication purposes with the relevant persons, or at the very latest the time of the initial transfer if the personal data is to be transferred.

Under the LPPD, data controllers need to take adequate measures required for the processing of sensitive personal data and comply with the decisions and guides of the Personal Data Protection Board designating such adequate measures. See also Personal Data Protection Board Decision dated January 31, 2018, numbered 2018/10 on Adequate Measures to be taken by Data Controllers in Processing the Special Categories of Personal Data. 

Accordingly, the special categories of personal data shall only be processed, provided that:

  • Explicit consent of the data subject is obtained; 
  • It is explicitly stipulated by law;
  • Processing is necessary to protect the life or bodily integrity of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
  • Processing relates to personal data made public by the data subject and is in accordance with the will of the data subject to make it public;
  • Processing is necessary for the establishment, exercise or protection of a right;
  • Processing is necessary for the protection of public health, preventive medicine, medical diagnosis, treatment and care services, and the planning, management and financing of health services by persons under the obligation of secrecy or authorized institutions and organizations;
  • Processing is necessary for carrying out legal obligations in the field of employment, occupational health and safety, social security, social services and social assistance; or
  • Processing is carried for current or former members of or for persons who are in regular contact with the foundations, associations and other non-profit organizations or formations established for political, philosophical, religious or trade union purposes, provided that it is in accordance with the legislation to which they are subject and their purposes, limited to their fields of activity and not disclosed to third parties.

Deletion, destruction or anonymization of personal data

The Regulation on Deletion, Destruction or Anonymization of Personal Data ("Regulation on Deletion of Personal Data") was published in the Official Gazette dated October 28, 2017, and entered into force on January 1, 2018. This Regulation is crucially important for data controllers in terms of time limitations regarding deletion, destruction or anonymization of personal data.

Pursuant to the Regulation on Deletion of Personal Data, data controllers are required to prepare a personal data processing inventory and a personal data storage and destruction policy (Policy). Data controllers are also required to take measures to safeguard the data that they are processing, identify persons working in personal data storage and destruction processes, categorize personal data, store and destroy these data, and determine periodic destruction processes.

If the prerequisites for processing personal data provided under LPPD are not met, then the personal data must be deleted, destroyed or anonymized by the data controller (of its own accord or upon the application of related person). All actions related to the execution of this process must be recorded and these records shall be kept for at least three years.

In addition, if a data controller ceases to continue to meet the above conditions for processing personal data, then they must carry out a process of periodic destruction. Periodic destruction is the deletion, destruction or anonymization of personal data at recurring intervals specified in the relevant data controller's Policy. This period cannot exceed six months.

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