Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous article, we explained the key principles for processing of personal data in Turkey (Please see…). In this article, we explain the conditions for processing of personal data according to the Law on the Protection of Personal Data (“LPPD”).
Explicit consent, in other words, specific and informed consent freely given by the data subject is primary requirement to process personal data. Personal data cannot be processed without the explicit consent of the data subject. However, in some cases, explicit consent is not required. Personal data may be processed without seeking the explicit consent of the data subject only in cases where one of the following conditions is met:
a) it is clearly provided for by the laws.
b) it is mandatory for the protection of life or physical integrity of the person or of any other person who is bodily incapable of giving his consent or whose consent is not deemed legally valid.
c) processing of personal data belonging to the parties of a contract is necessary for conclusion or fulfilment of that contract.
d) it is mandatory for the controller to be able to perform his legal obligations.
e) the data concerned is made available to the public by the data subject himself.
f) data processing is mandatory for establishment, exercise or protection of any right.
g) it is mandatory for legitimate interests of the controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.
Conditions for processing of personal data are limited under the LPPD and they cannot be extended.
In our next article, we will explain the conditions for processing of personal data of special nature (Please see…)
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