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Resolution Taken by Personal Data Protection Agency

1 November 2018 Thursday OFFICIAL GAZETTE Number : 30582
From Personal Data Protection Agency
Decree Date 16/10/2018
Decree No 2018/119
Meeting No 2018/26
Abstract Resolution taken in order to prevent advertisement notifications/calls by data controllers and processers to relevant people’s cell phones via SMS or direct calls, or via e-mails.

By taking notice of numerous applications regarding non-consensual advertisement notifications/calls for e-mails and cellphones via SMS or direct calls received by relevant people, which are in contradiction with clauses of the Law on the Protection of Personal Data numbered 6698, and within the framework of carried out inspections by the Personal Data Protection Agency;

  • Without receiving consent of relevant people, or without fulfilling the processing clauses defined under the 5th article of the Law, calls and messages/e-mails with advertisement purposes conducted by data controllers or by third-party individuals on behalf of data controllers must immediately cease their data processing activities, in accordance with the 7th clause of 15th article of the Law.
  • Under the 12th article of the Law, every kind of technical and administrative precautions are required to be taken by data controllers in order to prevent unlawful accessing and processing of personal data, and data controllers are conjointly responsible in cases of unauthorized data processing conducted by him/herself or a third-party individual.
  • Data controllers who act against the abovementioned impositions will be prosecuted within the framework of the 18th article of the Law.
  • The abovementioned methods regarding the acquisition of personal data will also be considered as a criminal act since data may be acquired unlawfully as described in the 136th article of the Turkish Penal Code numbered 5237, and will be reported to Chief Public Prosecutor’s Office in accordance with the 158th article of Penal Procedure Law numbered 5271.

The decisions regarding public disclosure and publishing the resolution in Agency’s official web site and in the Official Gazette were taken by unanimous vote.

Written by Selim Tankut Akdağ, Posted in Personal Data Protection Law

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About The Author

Selim Tankut Akdağ

Certified Public Accountant, SMMM, Partner
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