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Principle decision about the personal data of third parties illegally provided by data subjects


January 2021 – The Personal Data Protection Board (“Board”) has published on December 22, 2020, a Principle Decision (the “Principle Decision”) on the personal data of third parties illegally sent by data subjects to data controllers upon the latter’s request such as phone numbers, e-mail addresses. The Principle Decision has been published in the Official Gazette on January 15, 2021.

In the complaints and notices sent to the Board, it has been alleged that data controllers operating in various sectors such as e-commerce, telecommunications, transportation and tourism request from their client data subjects to declare their phone number and/or e-mail addresses in order to ensure that documents containing personal data such as invoices, statements, reservation documents are sent via SMS and/or e-mail. However, it is observed that there are inaccuracies and mistakes in the information provided by the data subjects or as a result of the disclosure of the information belonging to third parties by the data subjects, the said documents containing the personal data of such data subjects are transmitted to third parties.

According to the Principle Decision, the data controller is under an active duty of care to make sure that the personal data provided by the data subjects is accurate and up-to-date. Therefore, the data controllers must take necessary technical and administrative measures in order to comply with such active duty of care. Such measures shall include a confirmation code sent to the phone number or email address of the data subject. Therefore the Board has further clarified and exemplified the types of technical measures which must be implemented by data controllers. The Board further clarified that data controllers must always keep the channels open for data subjects to update and correct their personal data.

Please do not hesitate to contact our data protection team members for more information regarding the Principle Decision.

Baran Gen, Partner, bgen@gentemizerozer.com

Bulut Girgin, Counsel, bgirgin@gentemizerozer.com

Ceren Ceyhan, Associate, cceyhan@gentemizerozer.com

Ertuğrul Keçeli, Legal Trainee, ekeceli@gentemizerozer.com

About the author

Partner at | Website | + posts

Baran Gen has over 18 years of experience handling the full range of corporate/M&A, capital markets, banking and project finance transactions. She has represented clients from a wide range of industries, in particular in the retail, oil & gas, media, technology, real estate, and energy sectors. Baran has acted on various private equity transactions for both domestic and international investors ranging from small and mid-cap to big-ticket transactions, including leveraged buy-outs.

2000: Université de Paris I Sorbonne, LL.M., Recipient of Bourse d’Excellence from French Government
2001: Galatasaray University, LL.B.
Istanbul Bar Association

Turkish, English, French

Counsel at | Website | + posts

Bulut Girgin has over 10 years of experience in competition law, regulated industries and compliance. He has advised clients in diverse sectors including telecommunications, FMCG, automotive, construction, media and technology. Bulut has represented various multinational and national companies before the Turkish Competition Board, administrative courts and the Council of State regarding cartel and abuse of dominance investigations and has filed numerous M&A and negative clearance filings with the Turkish Competition Authority. He has also conducted, as both as an in-house lawyer and outside counsel, several comprehensive compliance programmes on competition law, anti-corruption matters and internal investigations.

2008: Baskent University, LL.B.
2009: Bilkent University, LL.M. (Law and Economics)
2015: King's College London, LL.M., Competition Law, Recipient of Chevening Scholarship form the UK Government
Istanbul Bar Association

Turkish, English, German

Associate at | Website | + posts

Ceren Ceyhan is an Associate. She focuses on corporate, M&A, law of contracts, consumer law, data protection law and litigation proceedings.

2018: Istanbul University, Faculty of Law, LL.B.

Legal Intern at | Website | + posts

Ertuğrul Keçeli focuses on litigation and arbitration.

2020: Marmara University, Faculty of Law, LL.B.
Turkish, English

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