Article 15 - Procedures and principles of examination ex officio or upon complaint

(1) The Board shall make the necessary examination in the matters falling within its scope of work upon complaint or ex officio, where it learnt about the alleged violation.

(2) The notices and complaints not meeting the requirements laid down in Article 6 of the Law No. 3071 of 1/11/1984 on the Use of Right to Petition shall not be examined.

(3) Except for the information and documents having the status of state secret, the controller shall be obliged to communicate within fifteen days the information and documents related to the subject of examination which the Board has requested, and shall enable, where necessary, on-the-spot examination.

(4) The Board shall finalise the examination upon complaint and give an answer to data subjects. In case the Board fails to answer the data subject’s application in sixty days as of the application date, it is deemed rejected.

(5) Following the examination made upon complaint or ex officio, in cases where it is understood that an infringement exists, the Board shall decide that the identified infringements shall be remedied by the relevant controller and notify this decision to all it may concern. This decision shall be implemented without delay and within thirty days after the notification at the latest,

(6) Following the examination made upon complaint or ex officio, in cases where it is determined that the infringement is widespread, the Board shall adopt and publish a resolution in this regard. Before adopting the resolution, the Board may also refer to the opinions of related institutions and organisations, if needed.

(7) The Board may decide that processing of data or its transfer abroad should be stopped if such operation may lead to damages which are difficult or impossible to recover and if it is clearly unlawful.

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