15 June 2022
You may find below our notes on the Summary of the Decision of the Personal Data Protection Board dated 02/12/2021 and numbered 2021/1218 Regarding "The data subject employee not being informed by the data controller residing abroad, of the personal data processing activities carried out about him/her, the personal data of the data subject being processed unlawfully by the data controller in the period after April 2021".
The following points under the abovementioned decision of the Personal Data Protection Board (“Board”) are of importance:
Conclusion: With this decision, the Board has once again drew attention to the fact that fulfilment of their obligations under GDPR by the data controllers, will not be deemed as they have also fulfilled their obligations arising from PDPL, including the obligation to inform; so, they are obliged to take the necessary actions under the PDPL as well. In addition, although the Board generally draws attention to the necessity of explicit declaration of intent in the implementation of the PDPL, it has stated that it is not necessary to seek a clear declaration of intent for the data subjects to withdraw their express consent. Accordingly, a request for information regarding the data of a data subject that he/she believes has been processed unlawfully will be interpreted as withdrawal of all previous explicit consents given to the data controller by the relevant data subject.
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Burçak Kurt Biçer