25 Nov, 2019

Criminal Indictment Decision from the Personal Data Protection Authority

The Personal Data Protection Authority will file a criminal complaint against those who use software/programs/applications that allow citizens to query their personal data through data obtained in various ways.

In the decision published in the Official Gazette, it was stated that within the scope of the denunciations, some companies operating in sectors such as lawyers/law offices, finance and real estate consultancy, insurance were using software/programs/applications that allow citizens' personal data to be questioned.

In the decision of the Authority, it was determined that this situation constituted a violation of the provisions of Article 12 of the Personal Data Protection Law No. 6698, which regulates the "obligations of data controllers regarding data security". In order to prevent data security violations, it has been decided to notify those who use software/programs/applications of this nature to the relevant Chief Public Prosecutor's Office within the scope of the Turkish Penal Code and to implement an "administrative action" against data controllers who use them within the scope of the Personal Data Protection Law No. 6698.

The institution can impose fines from 15 thousand liras to 1 million liras for those who do not fulfill their data security obligations. With this decision, a penalty of up to 1 million TL can be applied to data controllers who use these software/programs/applications.

To access the text of the decision on the official website of the Authority: https://www.kvkk.gov.tr/Icerik/6568/2019-308


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