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Saturday, March 10, 2018

Official newspaper

Number : 30356

NOTIFICATION
From the Personal Data Protection Authority:
COMMUNIQUÉ ON THE PROCEDURES AND PRINCIPLES OF APPLICATION TO THE DATA SPEAKER
Purpose and scope
ARTICLE 1 – (1) This Communiqué applies to the data controller if the application and the transaction require a separate cost
It has been prepared to determine the procedures and principles regarding the fee to be collected.
Rest
ARTICLE 2 – (1) This Communiqué is the 13th article of the Personal Data Protection Law dated 24/3/2016 and numbered 6698.
It has been prepared on the basis of clauses (e) and (g) of the first paragraph of Article 22.
Definitions
ARTICLE 3 – (1) In this Communiqué;
a) Application: The application made within the scope of Article 13 of the Law,
b) Secure Electronic Signature: It is solely dependent on the signatory, only in the possession of the signatory.
based on a qualified electronic certificate created with a secure electronic signature creation tool.
whether any changes have been made to the signed electronic data, which enables the identification of
electronic signature enabling identification,
c) Relevant person: The real person whose personal data is processed,
ç) Law: Law on Protection of Personal Data dated 24/3/2016 and numbered 6698,
d) Recording medium: Being a part of any data recording system that is fully or partially automated or
Any environment where personal data is processed by non-automatic means,
e) Registered e-mail (REM) address: Including the sending and delivery of electronic messages
the qualified form of e-mail, which provides legal evidence regarding its use,
f) Board: Personal Data Protection Board,
g) Institution: Personal Data Protection Authority,
ğ) Mobile signature: An electronic signature created using a mobile device.
means.
(2) For definitions not included in this Communiqué, the definitions in the Law will be valid.
Right to apply
ARTICLE 4 – (1) Real persons whose personal data are processed have the right to apply to the data controller.
(2) Relevant persons may benefit from this right provided that they make their application in Turkish.
Application procedure
ARTICLE 5 – (1) The person concerned, within the scope of his rights specified in Article 11 of the Law, shall submit his/her requests in writing
or registered electronic mail (KEP) address, secure electronic signature, mobile signature or data by the person concerned.
Using the e-mail address previously notified to the data controller and registered in the system of the data controller
or by means of a software or application developed for the purpose of application, to the data controller.
(2) In the application;
a) Name, surname and signature if the application is written,
b) TR identity number for citizens of the Republic of Turkey, nationality and passport number for foreigners
or identification number, if any,
c) Domicile or workplace address for notification,
ç) If available, the e-mail address, telephone and fax number for notification,
d) Subject of the request,
must be present.
(3) Information and documents related to the subject are attached to the application.
(4) In written applications, the date on which the document is notified to the data controller or its representative is the application date.
(5) In applications made by other methods; The date on which the application reaches the data controller is the application date.
Reply to application
ARTICLE 6 – (1) The data controller can effectively apply to the applications to be made by the person concerned within the scope of this Communiqué
To take all necessary administrative and technical measures to conclude in accordance with the law and the rule of good faith.
liable.
(2) The data controller accepts the application or rejects it by explaining its reason.
(3) The data controller notifies the relevant person in writing or electronically.
(4) Reply letter;
a) Information about the data controller or its representative,
b) The applicant; name and surname, Turkish identity number for citizens of the Republic of Turkey,
nationality, passport number or identification number, if any, place of residence or workplace for notification.
address, e-mail address for notification, telephone and fax number, if any,
c) The subject of the request,
ç) The explanations of the data controller regarding the application,
must contain.
(5) The data controller shall submit the requests included in the application as soon as possible and within thirty days at the latest, depending on the nature of the request.
finalize free of charge. However, if the transaction requires an additional cost, the fee specified in Article 7
receivable. In case the application is caused by the fault of the data controller, the fee collected is returned to the relevant person.
(6) In case the request of the data subject is accepted, the request is fulfilled as soon as possible by the data controller.
and the relevant person is informed.
Fee
ARTICLE 7 – (1) If the application of the person concerned is to be answered in writing, no fee is charged for up to ten pages. Front
A transaction fee of 1 Turkish Lira may be charged for each page on the page.
(2) If the response to the application is given in a recording medium such as CD, flash memory, the data controller
The fee that may be charged cannot exceed the cost of the recording medium.
Force
ARTICLE 8 – (1) This Communiqué enters into force on the date of its publication.
Executive
ARTICLE 9 – (1) The provisions of this Communiqué are executed by the President of the Personal Data Protection Authority.

