Personal Data Concept
According to the justification of the KVK Law, personal data; means any information relating to an identifiable natural person. Within the scope; Only; Information such as the name, surname, date of birth and place of birth of the individual are not included. At the same time; Information about the person's physical, family, economic, social and other characteristics are also personal data.
Personal data; provided that the person can be identified and the data can be associated with the natural person; means to be definitively identifiable. In other words, as a result of the data carrying a concrete content or being associated with any record; It covers all the situations that enable the identification of the person. Phone number, vehicle license plate, social security number, CV, video and audio recordings and fingerprints; is personal data. Because these data have the characteristics of making the person identifiable, albeit indirectly.
Personal Data for Companies and Institutions
Public or private institutions and organizations, in order to put a service or product on the market; they serve. For this, for a long time; were collecting, selling or sharing personal data.
“Personal Data Protection Law” called Kvkk; It is a precaution against such situations and provides personal data protection. The Personal Data Protection Authority has been established and the studies on the concept of personal data, with the creation of the law as a personal data lawyer and KVKK lawyer; has been regulated. Kvkk has been waiting as a draft for many years and was published on April 7, 2016 and entered into force. Law No. 6698 on the Protection of Personal Data; based on the privacy of private life. KVK lawyer should have the necessary legal equipment and knowledge in this regard.
Purpose of Personal Data Protection Law and Its Importance for Companies
In the processing of personal data, companies; certain responsibilities. The main purpose is to protect the fundamental rights and freedoms of individuals.
Obligations and rules to be followed by real and legal persons who process personal data are regulated by Kvkk. Except for the exceptions specified in the law, personal data information will not be processed without the explicit consent of the person concerned. At the same time, this information by institutions and companies; It cannot be transferred to third parties or abroad. Personal Data Protection Authority, within the scope of the legislation; It is responsible for auditing and ensuring the enforcement of the law. In this regard, the KVKK lawyer will provide the correct information and guidance.
Kvkk Sanctions, Powers and Responsibilities of Kvk Institution and Companies
In case of non-compliance with the principles specified in separate articles in the law, institutions; may be subject to administrative fines. According to the law, those who violate personal data; A prison sentence of 1 to 3 years is foreseen. In addition, to the persons who have obtained the data by breach; A prison sentence of 2 to 4 years can be imposed. Administrative fines vary according to the unfulfilled article or articles and can increase from 5,000 TL to 5,000,000 TL.
Personal Data Protection Authority and KVKK regulations, data processing institutions; It ensures that the owners of the data are “accountable” regarding the data. For this, it lays the groundwork and defines the rules. The law also; It also brings an important transformation for the institutions that process personal data. The main question concerning the institutions is; “What should we do to be accountable for the personal data we have entrusted to us?” should be. Institutions that can answer this question will also comply with the law.