Av. Sevcen CAN & Av. Yasemin ÇORAK

In our previous articles, we explained the obligations of data controller (Please see…) and the rights of data subject (Please see…). In this article, we explain the methods for seeking rights of data subjects.

Application and complaint methods for seeking rights of data subject is regulated in Article 13, 14 and 15 of the Law on The Protection of Personal Data (“Law”).

Application to the Controller: Data subject has the right to apply to the data controller to learn whether his personal data is being processed or not, to request information if his personal data is being processing, to learn the purpose of his personal data processing and whether this data is being used for intended purposes, to know the third parties to whom his personal data is transferred in the country or abroad, to request the rectification of the incomplete or inaccurate data, if any, to request erasure or destruction of his personal data, to request notification of the rectification, erasure or destruction to the third parties to whom personal data has been transferred, to object to the processing, exclusively by automatic means of his personal data, which leads to an unfavourable consequence for the data subject, to request compensation for the damage arising from the unlawful processing of his personal data.

Data subject shall submit his request relating to the implementation of the Law to the data controller through the application in writing. The data controller shall conclude the demands involved in the applications within the shortest time possible and within thirty days at the latest. The data controller shall accept the application or decline it and communicate its response to data subject in writing or in electronic media. If the demand involved in the application found admissible, it shall be fulfilled by the data controller.

Data subject has to right to make a complaint to the Personal Data Protection Board if he has not obtained their requests through the application method. Data subject cannot make a complaint to the Board before exhausting the application process to the data controller.

In next article, we will explain the process of complaint to the Board.

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