Izmir Regional Court of Appeal 12. In recent months, one of the first decisions has been established by the Law Department in terms of the concepts of “explicit consent” and “exceptions” regulated in the Personal Data Protection Law No. 6698 (“KVKK”).
Within the scope of an enforcement file, in order to collect the receivable, the creditor’s lawyer requested to inquire about the debtor’s “family population record showing his parents” in order to determine the real estate records of the debtor’s heirs, this request was rejected by the relevant enforcement directorate, a complaint was filed in the enforcement court against the decision, and the complaint was rejected by the court of first instance. Thereupon, an application was made by the creditor’s lawyer to the Regional Court of Appeal, that is, the Court of Appeal.
In the decision numbered 2016/59 and 2016/68 given by the Court of Appeal, it was stated that the civil registration
• It is in the nature of “personal data” within the scope of Article 3 of the KVKK,
• Within the scope of Article 5 of the Law, personal data cannot be processed without the “explicit consent” of the person concerned,
• One of the exceptions to this rule is that personal data can only be processed by judicial authorities or enforcement authorities if it is relevant,
However, it was stated that the “enforcement directorate” is not one of the exceptional authorities that may be authorized to query the population record, and the decision of the enforcement office to reject the request of third parties who are not parties to the file to “query the population record” was found to be in accordance with the law in this respect. In addition to referring to the law in the decision; A cost/harm comparison was also made, and it was underlined that the possible harm caused by easy access to personal data is more and more important than the benefit to be obtained.
The decision has been an important and appropriate decision in terms of personal data protection in terms of preventing easy access to personal data, even for purposes such as collecting receivables, and ensuring that explicit consent, exceptions and other conditions in the KVKK are observed while processing personal data.
For the Text of the Decision:
http://kazanci.com.tr/gunluk/12hd-2016-59.htm
