2019 KVKK & GDPR August Newsletters Headings

Decision Summaries of the Month

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Information Guide

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Legislation Analysis

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2019 KVKK & GDPR August Newsletter Decision Summaries of the Month

  • The Transfer Of The Customer Portfolio To Another Company Was Assessed By The Board Under The Turkish Criminal Code
  • 730.000 TL Fine For Data Breach That Dub Application Dubsmash Has Made
  • Related News Around The World and Turkey
  • The Use Of Office 365 By a School is Prohibited in Germany Under GDPR
  • The Swedish Data Protection Authority (Dpa) Rules an Administrative Fine of € 20,000 Against a School Using Face Recognition Technology for Monitoring The Attendance of The Students

2019 KVKK & GDPR August Newsletters Information Guide

Evaluation of the Obligation to Employ Disabled Persons Under the Personal Data Protection Law

According to Article 33 of the Labour Law No. 4857 (“LL”), “Employers employing fifty or more employees in private sector workplaces are obliged to employ disabled persons at the rate of three percent.”

Under this obligation, the employer is obliged to notify the Social Security Institution (“Institution”) regarding such disabled employees. In the notification made for disabled employees, the extent of disability of the disabled employee, unlike other employees, is also reported to the Institution.

As per Article 6 of the Personal Data Protection Law (“PDPL”) No. 6698; “Personal data in respect of health and sexual life, on the other hand, can be processed without the relevant person's express consent only by authorized bodies and institutions or persons who are bound by a duty of confidentiality for the purposes of public health protection, preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and their financing.”

2019 KVKK & GDPR August Newsletters Legislation Analysis

Article - 6 Private Personal Data

KVKK

According to the Article 6 of the Personal Data Protection Law;

  1. Data relating to persons’ race, ethnicity, political convictions, philosophical beliefs, religions, sect or other beliefs, appearance, membership to associations, foundations or unions, health, sexual life, criminal convictions and security measures, as well as their biometric and genetic data, are considered to be private personal data.
  2. Processing of private personal data without the express consent of the relevant person is prohibited.
  3. Personal data mentioned in the first paragraph other than those related to health and sexual life may be processed without the express consent of the relevant person in cases stipulated in the law. Personal data in respect of health and sexual life, on the other hand, can be processed without the relevant person's express consent only by authorized bodies and institutions or persons who are bound by a duty of confidentiality for the purposes of public health protection, preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and their financing.
  4. It is required that adequate measures determined by the Board are taken when processing private personal data.