26February2019

Updates on the Claim Process of the Data Subject

The Institution of Personal Data Protection has shared an announcement on the Application to the Data Controller and the Period Calculation of the Claims made to the Institution, on 13.02.2019. The issue of interpretation of the claim durations within the Law has become clear with the said announcement for the Data Subjects who exhaust application avenues to the Data Controller. You may reach the full text of the announcement here.

The subjects to be covered with the announcement are as follows:

  1. “in case the data subject replies to the application of the data subject within 30 days, the data subject can make a complaint within 30 days as of the reply of the data controller, hence the data subject does not have 60 days in total as of the application to the data controller,”

Example

30 days

  1. “ıf the data controller does not reply to the application made by the data subject, data subject can make a complaint to the Institution within 60 days as of the application to the data controller,”

Example

unanswered

  1. “considering the fact that if the data controller replies the application of the data subject after 30 days acknowledged by the Law, the data subject does not have to wait for 30 days and can make a complaint to the Institution upon the expiration of the date granted for the data controller, thus data subject can make a complaint within 60 days upon the application to the data controller (not 30 days upon the reply of the data controller)”

In other words, if the data controller replies the application of the data subject after 30 days, the Data Subject will no longer obliged to wait for this reply and can make a complaint to the Institution within 60 days as of the application date to the Data Controller.

Example

after 30 days

Written by Seda Arıcı, Posted in Personal Data Protection Law

  • Notification !

    Contents provided on this article serve to informative purpose only. The article is confidential and property of CottGroup® and all of its affiliated legal entities. Quoting any of the contents of this notification without credit being given to the source is strictly prohibited. Regardless of having all the precautions and importance is put in the preparation of this article, CottGroup® and member companies cannot be held liable of the application or interpretation of the information provided. It is strictly advised to consult a professional for the application of the above-mentioned subject. Prior to taking any action in regards the above, please consult your client representative if you are a customer of CottGroup® or consult to a relevant party.

About the Author

Seda Arıcı

Legal Consultant | Attorney
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