Personal Data Protection Law

Law Number : 6698

Acceptance Date : 24/3/2016

Published in Official Gazette : Date : 7/4/2016 Number : 29677

Published in Düstur : Order : 5 Volume : 57

PART ONE

Purpose, Scope and Definitions

Objective

ARTICLE 1- (1) The purpose of this Law is to protect the fundamental rights and freedoms of individuals, particularly the right to privacy, in the processing of personal data and to regulate the obligations of natural and legal persons who process personal data and the procedures and principles to be followed.

Scope

ARTICLE 2- (1) The provisions of this Law shall apply to natural persons whose personal data are processed and to natural and legal persons who process such data wholly or partially by automatic means or by non-automatic means provided that they are part of any data recording system.

Definitions

ARTICLE 3- (1) In the implementation of this Law;

1. a) Explicit consent: Consent regarding a specific subject, based on information and expressed with free will,
2. b) Anonymization: Making personal data impossible to be associated with an identified or identifiable natural person under any circumstances, even by matching with other data,
3. c) President: The President of the Personal Data Protection Authority,

ç) Relevant person: The natural person whose personal data is processed,

1. d) Personal data: Any information relating to an identified or identifiable natural person,
2. e) Processing of personal data: Any operation performed on personal data such as obtaining, recording, storing, retaining, modifying, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data by fully or partially automatic means or by non-automatic means provided that it is part of any data recording system,
3. f) Board: Personal Data Protection Board,
4. g) Institution Personal Data Protection Authority,

ğ) Data processor: A natural or legal person who processes personal data on behalf of the data controller based on the authorization granted by the data controller,

1. h) Data recording system: The recording system where personal data is structured and processed according to certain criteria, ı) Data Controller: The natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system.

PART TWO

Processing of Personal Data

General principles

ARTICLE 4- (1) Personal data may only be processed in accordance with the procedures and principles stipulated in this Law and other laws.

(2) The following principles must be complied with in the processing of personal data:

1. a) Compliance with the law and good faith.
2. b) Being accurate and, where necessary, up to date.
3. c) Processing for specific, explicit and legitimate purposes.

ç) Being relevant, limited and proportionate to the purpose for which they are processed.

1. d) To be retained for the period stipulated in the relevant legislation or required for the purpose for which they are processed.

Conditions for processing personal data

ARTICLE 5- (1) Personal data cannot be processed without the explicit consent of the person concerned.

(2) In the presence of one of the following conditions, it is possible to process personal data without seeking the explicit consent of the data subject:

1. a) Explicitly stipulated in the law.
2. b) It is mandatory for the protection of the life or physical integrity of the person who is unable to disclose his/her consent due to actual impossibility or whose consent is not legally valid.
3. c) Provided that it is directly related to the conclusion or performance of a contract, it is necessary to process personal data of the parties to the contract.

ç) It is mandatory for the data controller to fulfill its legal obligation.

1. d) It has been made public by the person concerned.
2. e) Data processing is mandatory for the establishment, exercise or protection of a right.
3. f) Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

Conditions for processing special categories of personal data

ARTICLE 6- (1) Data relating to race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, membership to associations, foundations or trade unions, health, sexual life, criminal conviction and security measures, and biometric and genetic data are sensitive personal data.

(2) Processing of sensitive personal data without the explicit consent of the data subject is prohibited. (3) Personal data other than health and sexual life listed in the first paragraph may be processed without the explicit consent of the data subject in cases stipulated by law. Personal data relating to health and sexual life can only be processed by persons or authorized institutions and organizations under the obligation of confidentiality for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and financing, without seeking the explicit consent of the data subject.

(4) In the processing of special categories of personal data, it is also required to take adequate measures determined by the Board.

Deletion, destruction or anonymization of personal data

ARTICLE 7- (1) Although it has been processed in accordance with the provisions of this Law and other relevant laws, personal data shall be deleted, destroyed or anonymized by the data controller ex officio or upon the request of the data subject if the reasons requiring its processing disappear.

(2) The provisions of other laws regarding the deletion, destruction or anonymization of personal data are reserved.

(3) The procedures and principles regarding the deletion, destruction or anonymization of personal data shall be regulated by a regulation.

Transfer of personal data

ARTICLE 8- (1) Personal data cannot be transferred without the explicit consent of the person concerned.

(2) Personal data;

1. a) In the second paragraph of Article 5,
2. b) provided that adequate precautions are taken, in the third paragraph of Article 6,

If one of the specified conditions exists, it may be transferred without seeking the explicit consent of the person concerned.

(3) The provisions of other laws regarding the transfer of personal data are reserved.

Transfer of personal data abroad

ARTICLE 9- (1) Personal data cannot be transferred abroad without the explicit consent of the person concerned.

(2) Personal data shall be transferred to the foreign country to which the personal data will be transferred in the presence of one of the conditions specified in the second paragraph of Article 5 and the third paragraph of Article 6;

1. a) Adequate protection,
2. b) In the absence of adequate protection, the data controllers in Turkey and in the relevant foreign country undertake in writing to provide adequate protection and the Board’s authorization is obtained,

provided that it can be transferred abroad without seeking the explicit consent of the person concerned.

(3) Countries with adequate protection shall be determined and announced by the Board. (4) The Board shall decide whether there is adequate protection in the foreign country and whether to grant a permit pursuant to subparagraph (b) of paragraph 2;

1. a) International conventions to which Turkey is a party,
2. b) the reciprocity status regarding data transfer between the country requesting personal data and Turkey,
3. c) For each concrete personal data transfer, the nature of the personal data and the purpose and duration of processing,

ç) The relevant legislation and practice of the country to which the personal data will be transferred,

1. d) Measures undertaken by the data controller in the country to which the personal data will be transferred,

and, if necessary, decides by taking the opinion of the relevant institutions and organizations.

(5) Without prejudice to the provisions of international conventions, personal data may be transferred abroad only with the permission of the Board after obtaining the opinion of the relevant public institution or organization in cases where the interests of Turkey or the person concerned would be seriously harmed.

(6) The provisions of other laws regarding the transfer of personal data abroad are reserved.

PART THREE

Rights and Obligations

Disclosure obligation of the data controller

ARTICLE 10- (1) During the acquisition of personal data, the data controller or the person authorized by the data controller shall provide the relevant persons;

1. a) Identity of the data controller and its representative, if any,
2. b) The purpose for which personal data will be processed,
3. c) To whom and for what purpose the processed personal data may be transferred,

ç) The method and legal reason for collecting personal data,

1. d) other rights listed in Article 11.

Rights of the person concerned

ARTICLE 11- (1) Everyone may apply to the data controller and request information about himself/herself;

1. a) Learn whether personal data is being processed,
2. b) Request information if personal data has been processed,
3. c) To learn the purpose of processing personal data and whether they are used in accordance with their purpose,

ç) To know the third parties to whom personal data are transferred domestically or abroad,

1. d) To request correction of personal data in case of incomplete or incorrect processing,
2. e) To request the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7, f) (d) and To request notification of the transactions made pursuant to subparagraphs (e) to third parties to whom personal data are transferred,
3. g) To object to the emergence of a result to the detriment of the person himself/herself by analyzing the processed data exclusively through automated systems,

ğ) In case of damage due to unlawful processing of personal data, it has the right to demand compensation for the damage.

Data security obligations

ARTICLE 12- (1) Data controller;

1. a) To prevent unlawful processing of personal data,
2. b) To prevent unlawful access to personal data,
3. c) To ensure the preservation of personal data,

to take all necessary technical and administrative measures to ensure the appropriate level of security.

(2) In the event that personal data are processed by another natural or legal person on his/her behalf, the data controller is jointly responsible with these persons for taking the measures specified in the first paragraph.

(3) The data controller is obliged to carry out or have carried out the necessary audits in its own institution or organization in order to ensure the implementation of the provisions of this Law.

(4) Data controllers and data processors may not disclose the personal data they have learned to anyone else in violation of the provisions of this Law and may not use them for purposes other than processing. This obligation continues after they leave office.

(5) In case the processed personal data is obtained by others through unlawful means, the data controller shall notify the relevant person and the Board as soon as possible. If necessary, the Board may announce this situation on its website or by any other method it deems appropriate.

SECTION FOUR

Application, Complaint and Data Controllers Registry

Application to the data controller

ARTICLE 13- (1) The data subject shall communicate his/her requests regarding the implementation of this Law to the data controller in writing or by other methods to be determined by the Board.

(2) The data controller shall finalize the requests in the application free of charge as soon as possible and within thirty days at the latest, depending on the nature of the request. However, if the transaction requires an additional cost, the fee in the tariff determined by the Board may be charged.

(3) The data controller accepts the request or rejects it by explaining the reason and notifies the data subject in writing or electronically. If the request in the application is accepted, the data controller shall fulfill the requirement. In case the application is caused by the error of the data controller, the fee charged shall be refunded to the data subject.

Complaint to the Board

ARTICLE 14- (1) In cases where the application is rejected, the response is found insufficient or the application is not responded in due time; the data subject may file a complaint to the Board within thirty days from the date of learning the response of the data controller and in any case within sixty days from the date of application.

(2) A complaint cannot be filed before exhausting the remedy under Article 13.

(3) Those whose personal rights are violated shall be entitled to compensation in accordance with general provisions.

Procedures and principles of examination upon complaint or ex officio

ARTICLE 15- (1) The Board, upon a complaint or ex officio upon learning of an alleged violation, shall conduct the necessary investigation on the matters falling within its jurisdiction.

(2) Notices or complaints that do not meet the conditions specified in Article 6 of the Law on the Exercise of the Right to Petition dated 1/11/1984 and numbered 3071 shall not be examined.

(3) Except for the information and documents that are state secrets, the data controller is obliged to send the information and documents requested by the Board regarding the subject of the examination within fifteen days and to provide the opportunity for on-site examination when necessary.

(4) Upon a complaint, the Board shall examine the request and give a response to the relevant parties. If no response is given within sixty days from the date of the complaint, the request shall be deemed rejected.

(5) If, as a result of the examination made upon complaint or ex officio, it is understood that there is a violation, the Board decides that the unlawfulnesses detected by the Board shall be eliminated by the data controller and notifies the relevant parties. This decision shall be executed without delay and within thirty days at the latest following the notification.

(6) If it is determined that the violation is widespread as a result of the examination made upon complaint or ex officio, the Board shall take a principle decision on this matter and publish this decision. The Board may also take the opinions of the relevant institutions and organizations, if necessary, before taking a principle decision.

(7) The Board may decide to suspend data processing or transfer of data abroad in the event of irreparable or impossible damages and in the event of a clear violation of the law.

Data Controllers Registry

ARTICLE 16- (1) Under the supervision of the Board, the Data Controllers Registry shall be kept publicly by the Presidency.

(2) Natural and legal persons who process personal data are obliged to register with the Data Controllers Registry before starting data processing. However, the Board may make exceptions to the obligation to register with the Data Controllers Registry by taking into account objective criteria to be determined by the Board, such as the nature and number of personal data processed, the lawfulness of the data processing or the status of transfer to third parties.

(3) The application for registration to the Data Controllers Registry shall be made with a notification containing the following points:

1. a) Identity and address information of the data controller and its representative, if any. b) The purpose for which personal data will be processed.
2. c) Explanations on the data subject groups and groups of persons and the data categories of these persons.

ç) Recipients or recipient groups to whom personal data may be transferred.

1. d) Personal data foreseen to be transferred to foreign countries.
2. e) Measures taken regarding personal data security.
3. f) The maximum period necessary for the purpose for which the personal data are processed.

(4) Changes in the information provided pursuant to the third paragraph shall be immediately notified to the Presidency.

(5) Other procedures and principles regarding the Data Controllers Registry shall be regulated by a regulation.

SECTION FIVE

Crimes and Misdemeanors

Crimes

ARTICLE 17- (1) The provisions of Articles 135 to 140 of the Turkish Criminal Code dated 26/9/2004 and numbered 5237 shall apply to offenses related to personal data.

(2) Those who do not delete or anonymize personal data in violation of Article 7 of this Law shall be punished according to Article 138 of the Law No. 5237.

Misdemeanors

ARTICLE 18- (1) This Law;

5. a) From 5.000 Turkish Liras to 100.000 Turkish Liras for those who fail to fulfill the disclosure obligation stipulated in Article 10,
6. b) From 15.000 Turkish Liras to 1.000.000 Turkish Liras for those who fail to fulfill the obligations regarding data security stipulated in Article 12,
7. c) 25.000 Turkish Lira to 1.000.000 Turkish Lira for those who fail to fulfill the decisions taken by the Board pursuant to Article 15,

ç) From 20.000 Turkish Liras to 1.000.000.000 Turkish Liras for those who violate the obligation to register and notify the Data Controllers Registry stipulated in Article 16,

administrative fine is imposed.

(2) Administrative fines stipulated in this Article shall be imposed on natural persons and private legal entities who are data controllers.

(3) In the event that the acts listed in the first paragraph are committed within public institutions and organizations and professional organizations in the nature of public institutions, upon notification by the Board, civil servants and other public officials working in the relevant public institution and organization and professional organizations in the nature of public institutions

organizations shall be dealt with in accordance with the disciplinary provisions and the result shall be notified to the Board.

SECTION SIX

Personal Data Protection Authority and Organization

Personal Data Protection Authority

ARTICLE 19- (1) In order to fulfill the duties assigned by this Law, the Personal Data Protection Authority, which has administrative and financial autonomy and is a public legal entity, has been established.

(2) The institution is associated with the minister appointed by the President.1

1 With Article 163 of the Decree Law no. 703 dated 2/7/2018, the phrase “with the Prime Ministry” in this paragraph has been replaced with “with the minister appointed by the President”.

2 With Article 163 of the Decree Law no. 703 dated 2/7/2018, the phrase “and the Prime Ministry” in this subparagraph has been abrogated.

3 With Article 163 of the Executive Decree no. 703 dated 2/7/2018, the phrase “two members of the President of the Republic and two members of the Council of Ministers” in the second paragraph of this article has been amended as “four members of the President of the Republic”.

(3) The headquarters of the Agency is in Ankara.

(4) The Agency consists of the Board and the Presidency. The decision-making body of the Institution is the Board.

Duties of the Authority

ARTICLE 20- (1) The duties of the Agency are as follows:

1. a) To follow the practices and legislative developments in its field of duty, to make evaluations and recommendations, to conduct or have conducted research and investigations.
2. b) In case of need, to cooperate with public institutions and organizations, non-governmental organizations, professional organizations or universities in matters within its field of duty.
3. c) Monitoring and evaluating international developments related to personal data, cooperating with international organizations on matters falling within its field of duty, and participating in meetings.

ç) To submit the annual activity report to the Presidency of the Republic of Turkey, the Human Rights Inquiry Commission of the Grand National Assembly of Turkey (…)2.(2)

1. d) To fulfill other duties assigned by law.

Personal Data Protection Board3

ARTICLE 21- (1) The Board shall fulfill and use its duties and powers assigned by this Law and other legislation under its own responsibility and independently. No body, authority, authority or person may give orders, instructions, advice or suggestion to the Board in relation to matters within its field of duty.

(2) The Board shall consist of nine members. Five members of the Board shall be elected by the Grand National Assembly of Turkey and four members by the President.(3)

(3) The following conditions are required to become a member of the Board:

1. a) To have knowledge and experience in the field of duty of the organization.
2. b) The first paragraph of Article 48 of the Civil Servants Law No. 657 dated 14/7/1965 To have the qualifications specified in subparagraphs (1), (4), (5), (6) and (7) of paragraph (A).
3. c) Not being a member of any political party.

ç) To have at least four years of higher education at undergraduate level.

1. d) (Repealed: 2/7/2018-KHK-703/163 Art.)

(4) (Repealed: 2/7/2018-KHK-703/163 Art.)

(5) The Grand National Assembly of Turkey shall elect members to the Board in the following manner:

1. a) Two times the number of members to be determined in proportion to the number of members of the political party groups shall be nominated for the election and the members of the Board shall be elected by the General Assembly of the Grand National Assembly of Turkey from among these nominees on the basis of the number of members per political party group. However, political party groups shall not discuss or decide on who to vote for in the elections to be held in the Grand National Assembly of Turkey.
2. b) The election of the members of the Board shall be held within ten days after the nomination and announcement of the candidates. For the candidates nominated by the political party groups, a combined ballot shall be prepared in separate lists. Votes are cast by marking the special place opposite the names of the candidates. Votes cast in excess of the number of members to be elected to the Board from the quotas of the political party groups determined in accordance with the second paragraph shall be deemed invalid.
3. c) Provided that there is a quorum, the candidate who receives the highest number of votes in the election shall be elected as many as the number of vacant memberships.

ç) Two months before the end of the term of office of the members; in case of a vacancy in the membership for any reason, elections shall be held in the same manner within one month following the date of the vacancy or, if the Grand National Assembly of Turkey is in recess on the date of the vacancy, within one month following the end of the recess. In these elections, the distribution of the vacant memberships to political party groups shall be made by taking into account the number of members elected from the quota of political party groups in the first election and the current ratio of political party groups.

(6) Forty-five days before the end of the term of office of one of the members elected by the President (…)(4) or in case of termination of office for any reason, the situation shall be notified to the Presidency (…)(4) by the Authority within fifteen days. One month before the expiration of the term of office of the members, new members shall be elected. In the event of a vacancy in these memberships for any reason before the expiration of the term of office, elections shall be held within fifteen days following the notification. (4)

4 With Article 163 of the Executive Decree no. 703 dated 2/7/2018, the phrases “or the Council of Ministers” and “or to the Prime Ministry to be submitted to the Council of Ministers” in this paragraph have been removed from the text of the article.

(7) The Board shall elect the Chairman and the Second Chairman from among its members. The Chairman of the Board is also the Chairman of the Institution.

(8) The term of office of the Board members is four years. A member whose term expires may be re-elected. The person elected to replace a member whose term of office expires for any reason before the end of his/her term of office shall complete the remaining term of the member he/she was elected to replace.

(9) The elected members shall take an oath before the First Presidency Board of the Court of Cassation in the form of “I swear on my honor and dignity that I will fulfill my duty in accordance with the Constitution and the laws, with complete impartiality, honesty, fairness and justice”. An application to the Supreme Court for an oath shall be considered urgent.

(10) The members of the Board may not hold any official or private position other than the execution of their official duties at the Board, nor may they serve as directors of associations, foundations, cooperatives and similar organizations, engage in commerce, engage in self-employment, act as arbitrators and experts, unless it is based on a special law. However, the members of the Board may publish scientific publications, give lectures and conferences, and receive royalties and lecture and conference fees arising therefrom in a manner not to interfere with their primary duties.

(11) Investigations into crimes alleged to have been committed by members due to their duties shall be conducted in accordance with the Law No. 4483 dated 2/12/1999 on the Prosecution of Civil Servants and Other Public Officials, and the President shall grant permission to investigate them.5

5 With Article 163 of the Decree Law no. 703 dated 2/7/2018 and numbered 703, the phrase “Prime Minister” in this paragraph has been changed to “President”.

(12) The provisions of Law No. 657 shall apply to the disciplinary investigation and prosecution of the members of the Board.

(13) Board members cannot be dismissed for any reason before their terms expire. Board members;

1. a) It is later understood that they do not meet the requirements for election,
2. b) Finalization of the conviction decision against them due to crimes committed in relation to their duties,
3. c) It is conclusively determined by a medical board report that they cannot fulfill their duties,

ç) It is determined that they have been absent from their duties without permission, excuse and without interruption for fifteen days or for a total of thirty days in a year,

1. d) If it is determined that they fail to attend a total of three meetings of the Board within one month and ten meetings of the Board within one year without permission or excuse, their membership shall be terminated by the decision of the Board.

(14) Those elected as members of the Board shall be dismissed from their previous positions as long as they serve on the Board. Those who were elected as members while they were public officials, provided that they do not lose the conditions for entry into the civil service, shall be appointed by the appointing authority to a position in accordance with their acquisitions within one month upon the expiration of their term of office or upon their request to leave office and their application to their former institutions within thirty days. Until the appointment is realized, all kinds of payments they are receiving will continue to be paid by the Institution. For those who are not employed in a public institution, who are elected as a member and whose membership is terminated as mentioned above, all kinds of payments they have been receiving shall continue to be paid by the Agency until they start any duty or employment, and the payment to be made by the Agency to those whose membership is terminated in this way shall not exceed three months. Their time spent at the Institution shall be deemed to have been spent at their previous institutions or organizations in terms of their personal and other rights.

Duties and powers of the Board

ARTICLE 22- (1) The duties and powers of the Board are as follows:

1. a) To ensure that personal data is processed in accordance with fundamental rights and freedoms.
2. b) To decide on the complaints of those who claim that their rights regarding personal data have been violated.
3. c) Upon complaint or ex officio upon learning of the alleged violation, to examine whether personal data are processed in accordance with the law and to take temporary measures in this regard when necessary.

ç) To determine the adequate measures required for the processing of special categories of personal data.

1. d) To ensure that the Data Controllers Registry is kept.
2. e) To take the necessary regulatory actions on matters related to the Board’s field of duty and the functioning of the Agency.
3. f) To take regulatory action to determine the obligations regarding data security.
4. g) To take regulatory action regarding the duties, powers and responsibilities of the data controller and its representative.

ğ) To decide on administrative sanctions stipulated in this Law.

1. h) To give opinions on draft legislation prepared by other institutions and organizations and containing provisions on personal data.

ı) To decide on the strategic plan of the organization, to determine its goals and objectives, service quality standards and performance criteria.

1. i) To discuss and decide on the budget proposal prepared in accordance with the strategic plan, goals and objectives of the organization.
2. j) To approve and publish the draft reports prepared on the performance, financial status, annual activities of the Agency and other issues as needed.
3. k) To discuss and decide on proposals for the purchase, sale and lease of real estate.
4. l) To fulfill other duties assigned by law.

Working principles of the Board

ARTICLE 23- (1) The Chairman determines the meeting days and agenda of the Board. The Chairman may call the Board for an extraordinary meeting when necessary.

(2) The Board convenes with at least six members including the chairman and takes decisions with the absolute majority of the total number of members. Board members cannot abstain from voting.

(3) Members of the Board may not participate in meetings and voting on matters concerning themselves, their relatives by blood up to the third degree and by in-laws up to the second degree, their adopted children and their spouses even if the marriage bond between them has been dissolved.

(4) The members of the Board may not disclose the secrets of the relevant persons and third parties that they have learned during the course of their work to anyone other than the authorities authorized by law in this regard and may not use them for their own benefit. This obligation continues after they leave office.

(5) The business discussed at the Board shall be recorded in minutes. Decisions and the reasons for dissenting votes, if any, shall be written within fifteen days at the latest from the date of the decision. The Board shall publicize the decisions it deems necessary.

(6) Unless otherwise agreed, discussions at Board meetings shall be confidential.

(7) The working procedures and principles of the Board, the writing of decisions and other matters shall be regulated by a regulation.

President

ARTICLE 24- (1) The President, as the chairman of the Board and the Agency, shall be the supreme supervisor of the Agency and shall organize and execute the services of the Agency in accordance with the legislation, the objectives and policies, strategic plan, performance criteria and service quality standards of the Agency and shall ensure coordination among service units.

(2) The President is responsible for the general management and representation of the Agency. This responsibility covers the duties and authorities of organizing, conducting, supervising, evaluating and, when necessary, announcing the activities of the Agency to the public.

(3) The duties of the President are as follows:

1. a) To manage the Board meetings.
2. b) Ensuring the notification of the Board decisions and public announcement of those deemed necessary by the Board and monitoring their implementation.
3. c) To appoint the Vice President, heads of departments and staff of the Agency.

ç) Finalizing the proposals received from the service units and submitting them to the Board.

1. d) To ensure the implementation of the strategic plan, to establish human resources and working policies in line with service quality standards.
2. e) To prepare the annual budget and financial statements of the Organization in accordance with the determined strategies, annual goals and objectives.
3. f) To ensure coordination for the harmonious, efficient, disciplined and organized operation of the Board and its service units.
4. g) To carry out the relations of the institution with other organizations.

ğ) Determining the duties and authority of the personnel authorized to sign on behalf of the President of the Agency.

1. h) To fulfill other duties related to the management and functioning of the Agency.

(4) In the absence of the President of the Agency, the Second President shall deputize the President.

Formation and duties of the Presidency

ARTICLE 25- (1) The Presidency consists of the Vice President and service units. The Presidency shall perform the duties listed in the fourth paragraph through service units organized as departments. The number of departments may not exceed seven.

(2) The President shall appoint a Vice President to assist him/her in his/her duties related to the Agency.

(3) The Vice President and heads of departments shall be appointed by the President from among the persons who have graduated from at least four-year higher education institutions and have been in public service for ten years.

(4) The duties of the Presidency are as follows:

1. a) Keeping the Data Controllers Registry.
2. b) To carry out the office and secretariat operations of the Agency and the Board.
3. c) Representing the Agency through lawyers in lawsuits and execution proceedings to which the Agency is a party, pursuing or having the lawsuits pursued, and carrying out legal services.

ç) To carry out the personnel procedures of the members of the Board and those working at the Agency.

1. d) To perform the duties assigned to financial service and strategy development units by law.
2. e) To ensure the establishment and use of the information system for the purpose of conducting the business and operations of the Agency.
3. f) Preparing and submitting to the Board draft reports on the annual activities of the Board or on the required issues.
4. g) To prepare the draft strategic plan of the organization.

ğ) To determine the personnel policy of the organization, to prepare and implement the career and training plans of the personnel.

1. h) To carry out the appointment, transfer, discipline, performance, promotion, retirement and similar procedures of the personnel.

ı) To determine the ethical rules to be followed by the staff and to provide the necessary training.

1. i) To carry out all kinds of procurement, leasing, maintenance, repair, construction, archive, health, social and similar services required by the Agency within the framework of the Public Financial Management and Control Law No. 5018 dated 10/12/2003.
2. j) To keep records of the movable and immovable belonging to the institution.
3. k) To perform other duties assigned by the Board or the President.

(5) The service units and the working procedures and principles of these units shall be determined by a regulation promulgated by the President upon the proposal of the Agency in accordance with the field of activity, duties and powers set forth in this Law.6

6 With Article 163 of the Decree Law no. 703 dated 2/7/2018, the phrase “by the Council of Ministers” in this paragraph has been changed to “by the President”.

Personal Data Protection Specialists and assistant specialists

ARTICLE 26- (1) The Agency may employ Personal Data Protection Experts and Assistant Personal Data Protection Experts. Those who are appointed to the position of Personal Data Protection Specialist within the framework of additional article 41 of the Law No. 657 shall be promoted by one degree for one time only.

Provisions on personnel and personal rights

ARTICLE 27-

(1) The personnel of the Agency shall be subject to Law No. 657 except for the matters regulated by this Law.

(3) The Chairman and members of the Board and the personnel of the Agency shall be the Chairman and members of the Board.

Subject to the provisions of subparagraph (c) of the first paragraph of Article 4 of the Health Insurance Law. The Chairman and members of the Board and the personnel of the Agency shall be deemed equivalent to their counterparts in terms of retirement rights. While being insured under the subparagraph (c) of the first paragraph of Article 4 of the Law No. 5510, the service periods of those who are appointed as the Chairman and members of the Board and whose duties are terminated or who request to leave these duties are taken into consideration in determining the earned right salary, degrees and steps. The periods of those who are covered by the provisional article 4 of the Law No. 5510 during these duties are considered as the period for which the office compensation and representation compensation should be paid. Those who were insured in public institutions and organizations within the scope of subparagraph (a) of the first paragraph of Article 4 of the Law No. 5510 and were appointed as the Chairman and members of the Board shall not be entitled to severance pay or termination indemnity upon termination of their employment with their previous institutions and organizations. The service periods for which severance pay or termination indemnity should be paid to those in this situation shall be combined with their service periods as the Chairman of the Board and as a member of the Board and shall be considered as the period for which retirement bonus will be paid.

(4) In public administrations within the scope of central government, social security institutions, local administrations, administrations affiliated to local administrations, local administration unions, organizations with revolving funds, funds established by laws, organizations with public legal personality, organizations with more than fifty percent of their capital owned by the public, Civil servants and other public officials employed in economic state enterprises and state economic organizations and their affiliated partnerships and establishments may be temporarily assigned to the Agency with the consent of their institutions, and judges and public prosecutors may be temporarily assigned to the Agency with their own consent, provided that their salaries, allowances, all kinds of increases and compensations and other financial and social rights and benefits are paid by their institutions. The requests of the Agency in this regard shall be concluded by the relevant institutions and organizations with priority. Personnel assigned in this way shall be deemed to be on paid leave from their institutions. As long as these personnel are on leave, their interest in their civil service and their personal rights shall continue, and these periods shall be taken into account in their promotion and retirement, and their promotions shall be made in due time without the need for any further action. The time spent in the Agency by those assigned under this article shall be deemed to have been spent in their own institutions. The number of persons assigned in this way cannot exceed ten percent of the total number of Personal Data Protection Expert and Assistant Personal Data Protection Expert positions and the duration of the assignment cannot exceed two years. However, this period may be extended for one-year periods if necessary.7

7 With Article 119 of the Law No. 7061 dated 28/11/2017, the phrase “other public officials with the consent of their institutions” was added after the phrase “and judges and prosecutors with their own consent” in this paragraph.

(5) The cadre titles and numbers of the personnel to be employed in the Agency are shown in the annexed table no. (I). Provided that it is limited to the staff titles in the annexed tables of the Decree Law on General Staff and Procedure dated 13/12/1983 and numbered 190, changes in titles and degrees, addition of new titles and cancellation of vacant positions shall be made by the Board decision. (2) The payments made to the Chairman and members of the Board and the Agency personnel within the scope of financial and social rights to the equivalent personnel determined pursuant to the additional article 11 of the Decree Law dated 27/6/1989 and numbered 375 shall be paid within the framework of the same procedures and principles.

Payments made to equivalent personnel that are not subject to tax and other legal deductions according to this Law

Nor is it subject to tax and other deductions.

CHAPTER SEVENTH

Miscellaneous Provisions

Exceptions

ARTICLE 28- (1) The provisions of this Law shall not apply in the following cases:

1. a) Processing of personal data by natural persons within the scope of activities related to themselves or their family members living in the same residence, provided that personal data are not disclosed to third parties and the obligations regarding data security are complied with.
2. b) Processing of personal data for purposes such as research, planning and statistics by anonymizing them with official statistics.
3. c) Processing of personal data for artistic, historical, literary or scientific purposes or within the scope of freedom of expression, provided that it does not violate national defense, national security, public security, public safety, public order, economic security, privacy of private life or personal rights or does not constitute a crime.

ç) Processing of personal data within the scope of preventive, protective and intelligence activities carried out by public institutions and organizations authorized by law to ensure national defense, national security, public security, public order or economic security.

1. d) Processing of personal data by judicial or enforcement authorities in relation to investigations, prosecutions, trials or executions.

(2) Provided that it is appropriate and proportionate to the purpose and basic principles of this Law, Articles 10 regulating the data controller’s obligation to disclose, 11 regulating the rights of the data subject, except the right to claim compensation for the damage, and 16 regulating the obligation to register with the Data Controllers Registry shall not apply in the following cases:

1. a) Processing of personal data is necessary for the prevention of crime or criminal investigation.
2. b) Processing of personal data made public by the data subject himself/herself.
3. c) Personal data processing is necessary for the execution of supervisory or regulatory duties and disciplinary investigation or prosecution by the authorized and authorized public institutions and organizations and professional organizations in the nature of public institutions based on the authority granted by law.

ç) Personal data processing is necessary for the protection of the economic and financial interests of the State in relation to budgetary, tax and financial matters.

Budget and revenues of the organization

ARTICLE 29- (1) The budget of the Agency shall be prepared and adopted in accordance with the procedures and principles set out in the Law No. 5018.

(2) The revenues of the Agency are as follows:

1. a) Treasury aids from the general budget.
2. b) Revenues obtained from movable and immovable properties belonging to the Institution.
3. c) Donations and aids received.

ç) Revenues obtained from the utilization of its revenues.

1. d) Other income.

Amended and added provisions

ARTICLE 30- (1) (Related to Law No. 5018 dated 10/12/2003 and amended accordingly)

(2) to (5) – (related to the Law dated 26/9/2004 and numbered 5237 and replaced)

(6) (Relating to the Basic Law on Health Services dated 7/5/1987 and numbered 3359 and is hereby replaced)

(7) (Organization and Duties of the Ministry of Health and its Affiliated Organizations dated 11/10/2011 and numbered 663

Hakkında Kanun Hükmünde Kararname ile ilgili olup yerine işlenmiştir.)

Regulation

ARTICLE 31- (1) Regulations regarding the implementation of this Law shall be put into force by the Authority.

Transitional provisions

PROVISIONAL ARTICLE 1- (1) Within six months following the publication date of this Law, the members of the Board shall be elected and the organization of the Presidency shall be established in accordance with the procedure stipulated in Article 21.

(2) Data controllers are obliged to register with the Data Controllers Registry within the period determined and announced by the Board.

(3) Personal data processed before the publication date of this Law shall be brought into compliance with the provisions of this Law within two years following the publication date. Personal data found to be in violation of the provisions of this Law shall be immediately deleted, destroyed or anonymized. However, consents lawfully obtained before the publication date of this Law shall be deemed to be in compliance with this Law, unless a contrary declaration of will is made within one year.

(4) The regulations provided for in this Law shall be put into force within one year following the date of publication of this Law.

(5) Within one year from the date of publication of this Law, a senior manager shall be identified and notified to the Presidency in order to ensure coordination regarding the implementation of this Law in public institutions and organizations.

(6) The first elected President, the Second President and two members determined by lot shall serve for six years; the other five members shall serve for four years.

(7) Until a budget is allocated to the institution;

1. a) The expenses of the institution are covered from the budget of the Prime Ministry.
2. b) All necessary support services such as buildings, tools, equipment, furnishings and equipment shall be provided by the Prime Ministry in order for the Agency to fulfill its services.

(8) Until the service units of the Agency become operational, the secretariat services shall be performed by the Prime Ministry.

TEMPORARY ARTICLE 2- (Additional: 28/11/2017-7061/120 Art.)

 Those who have graduated from faculties of political sciences, economics and administrative sciences, economics, law and business administration, faculties of engineering, electronics, electrical-electronics, electronics and communication, computer, information systems engineering departments of engineering faculties or from higher education institutions in Turkey and abroad whose equivalence to these is accepted by the Higher Education Council; those who have been appointed to the positions belonging to the central organizations of the institutions related to the titles specified in subparagraph (11) of paragraph (A) of subparagraph (A) of the section titled “Common Provisions” of Article 36 of the Law No. 657 titled “Common Provisions” and who have been in these positions for at least two years, excluding periods of leave without pay, and those who are in faculty member positions,

Provided that they have obtained at least seventy points from the Foreign Language Proficiency Placement Examination and have not turned forty years old as of the date of appointment, they can be appointed as Personal Data Protection Specialist within one year from the effective date of this article. The number of those to be appointed in this way cannot exceed fifteen.

 Enforcement

ARTICLE 32- (1) This Law;

1. a) Articles 8, 9, 11, 13, 14, 15, 16, 17 and 18 six months after the date of publication,
2. b) Other articles shall enter into force on the date of its publication.

Execution

ARTICLE 33- (1) The provisions of this Law shall be executed by the Council of Ministers.

NUMBERED SCHEDULE

PERSONAL DATA PROTECTION AGENCY STAFF LIST