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In the internet age, basically no one’s personal information is safe, we all have to face this reality. The ‘ data controllers , to whom we entrust our data, that is, any person/institution/company (legal entity) that receives this data from us and is legally obliged to protect it, can be attacked at any time . If attackers manage to defeat the security level of this institution using any attack method, they may gain access to some or all of our data.

So, what should we do when the persons/legal persons whose services we benefit from cannot protect our data, that is, when our data is captured or our data is misused by data controllers ? In fact, the answer to this question is quite limited in the current shardollarsar. However, in order to shed light on the answer to this question, which has been puzzling people recently, we have clarified the event as much as possible by taking the Personal Data Protection Authority and Personal Data Protection Law as a source.

First of all, let us remind you of some of the obligations of data controllers:

We can never have precise information about when our data was transferred. In this regard, data controllers can also be at the same point as us. However, the data controller is obliged to notify the relevant persons and the Board as soon as possible in case the data is obtained by others illegally, according to the 5th paragraph of Article 12 of the Personal Data Protection Law . ‘As soon as possible’ is defined as 72 hours by KVKK in accordance with the Decision No. 2019/10 .

In addition, the data controller is obliged to inform the persons affected by the data breach about the situation, to notify him directly if he can be reached, or to notify him through appropriate methods on his own website if he cannot be reached .

However, as the data owner, we can request information about the situation without waiting for the explanation of the data controller, and if we find the response insufficient, we can directly complain to the Personal Data Protection Board. How Does?

According to Article 11 of the Personal Data Protection Law, each individual can apply to the data controller

  • Learning whether personal data is being processed,
  • Requesting information if personal data has been processed,
  • Learning the purpose of processing personal data and whether it is used in accordance with its purpose,
  • Domestic or Knowing the third parties to whom personal data has been transferred abroad,
  • Requesting correction of personal data in case of incomplete or incorrect processing,
  • Requesting the deletion or destruction of personal data,
  • To whom personal data is transferred request to be notified to third parties,
  • to cause a result against the person himself by analyzing the processed data exclusively through automated systems has the right to claim,
  • and to demand the compensation of the damage in case of loss due to unlawful processing of personal data .

As the data owner, we have the right to send written requests regarding the implementation of the KVKK to the data controllers. Data controllers are also obliged to conclude this request free of charge within 30 days (in case the process requires cost, the data controller may charge a fee from the data owner). If the data controller accepts/rejects the request, it notifies the data owner in writing or electronically.

If your application is rejected, if you find the response insufficient or if your application is not answered within 30 days , you can file a complaint with the Personal Data Protection Board within 60 days from the date of your application . However, there is something that should not be forgotten here:

  • IMPORTANT: Before applying to the Institution pursuant to paragraph 1 of Article 13 and paragraph 2 of Article 14 of the Law. You have to apply to the data controller. In other words, you do not have the right to complain directly to the Authority before trying to reach the data owner. Complaints filed 60 days after applying/applying to the data controller are not evaluated by the Authority. After your application to the data controller, you have to wait for a reply for 30 days. However, you can file a complaint if there is no response/if you find the response insufficient due to the above reasons.

In this context, as the data owner, we are legally obliged to first apply to the data controller and then to the KVKK. However, we will soon resort to a way in which this is not mandatory: Taking the matter to the judiciary. Now, let’s talk about how you can make a complaint after making a complaint to the data controller, because the necessary conditions are met.

I asked the data controller if my data had been compromised, or I said it had been compromised, and presented evidence. However, I did not find the answer I received sufficient / I could not get an answer. How do I make a complaint to the Personal Data Protection Authority?

After reaching the data responsible party, you can file a complaint with the Personal Data Protection Authority for the reasons mentioned above and if you do not receive a response . To make a complaint, follow these steps:

  • Complaint Module ‘ page of KVKK by clicking this link .
  • Click to login ‘ and log in to the platform with e-Government. If you are logging in for the first time, complete your profile after the next step .

  • Proxy, parent/guardian applications are not received electronically .’ Considering the warning, click ‘ Continue ‘. If you are the people mentioned in the warning, log out from the platform .

  • Click on ‘Complaindollarser’ page from the left menu and click on ‘ Create New Complaint Press ‘.
  • Have you applied to the data controller for your request under the law? ‘. (As we mentioned, if you have not applied beforehand, the complaint you will make now will be deemed invalid .)

  • fill with the requested information .

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