Personal Data Protection Law

6698 Law Protection of Personal Data

Official Gazette dated 07 April 2016

Issue: 29677

Law No: 6698

Accepted Date: 24 March 2016

Aim

ARTICLE 1- (1) The purpose of this Law is to protect the fundamental rights and freedoms of individuals, especially the privacy of private life, in the processing of personal data, and to regulate the obligations of natural and legal persons who process personal data, and the procedures and principles to be followed.

Scope

ARTICLE 2- (1) The provisions of this Law shall apply to natural persons whose personal data are processed and to natural and legal persons who process this data fully or partially automatically or non-automatically provided that they are part of any data recording system. Definitions

ARTICLE 3- (1) In the implementation of this Law;

a) Explicit consent: Consent on a specific subject, based on information and expressed with free will,

b)Anonymization: Making personal data impossible to associate with an identified or identifiable natural person under any circumstances, even by matching with other data,

c) Chairman: Chairman of the Personal Data Protection Authority,

ç)Relevant person: The real person whose personal data is processed,

d) Personal data: Any information relating to an identified or identifiable natural person,

e) Processing of personal data: Obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, of personal data fully or partially automatically or non-automatically provided that it is a part of any data recording system. All kinds of operations carried out on the data such as bringing, classifying or preventing its use,

f) Board: Personal Data Protection Board,

g) Institution: Personal Data Protection Authority,

ğ) Data processor: The natural or legal person who processes personal data on behalf of the data controller, based on the authority given by the data controller,

h) Data registration system: The registration system in which personal data is processed and structured according to certain criteria,

ı) Data controller: The natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system, means.

SECOND PART Processing of Personal Data General principles

ARTICLE 4- (1) Personal data can only be processed in accordance with the procedures and principles stipulated in this Law and other laws. (2) The following principles must be complied with in the processing of personal data: a) Compliance with the law and honesty rules. b) Being accurate and up-to-date when necessary. c) Processing for specific, explicit and legitimate purposes. ç) Being connected, limited and restrained with the purpose for which they are processed. d) To be kept for the period required by the relevant legislation or for the purpose for which they are processed. [staff program] Terms of processing personal data

ARTICLE 5- (1) Personal data cannot be processed without the explicit consent of the person concerned. (2) In case of existence of one of the following conditions, it is possible to process personal data without seeking the explicit consent of the data subject:

a) It is clearly stipulated in the laws.

b) It is compulsory for the protection of the life or physical integrity of the person or another person, who is unable to express his consent due to actual impossibility or whose consent is not legally recognized.

c) It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract.

ç) It is mandatory for the data controller to fulfill its legal obligation.

d) The person concerned has been made public by himself.

e) Data processing is mandatory for the establishment, exercise or protection of a right.

f) Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

Conditions for the processing of special categories of personal data

ARTICLE 6- (1) Data regarding the race, ethnic origin, political thought, philosophical belief, religion, sect or other beliefs, disguise and dress, membership to associations, foundations or trade unions, health, sexual life, criminal convictions and security measures. biometric and genetic data are special quality personal data.

(2) Processing of sensitive personal data without the explicit consent of the person concerned is prohibited.

(3) Personal data other than health and sexual life listed in the first paragraph may be processed without seeking the explicit consent of the person concerned, in cases stipulated by the laws. Personal data related to health and sexual life are only for the purpose of protecting public health, performing preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and financing, by persons or authorized institutions and organizations under the obligation of secrecy without seeking the explicit consent of the person concerned. can be processed.

(4) In the processing of sensitive personal data, it is also obligatory to take adequate measures determined by the Board. Deletion, destruction or anonymization of personal data