Personal Data Protection Law
Personal Data Protection Law
As Fdm Logistics, we care about the security of personal data. In this context, we have deemed it appropriate to inform all our interlocutors about the "Personal Data Protection Law", which was created to protect the fundamental rights and freedoms of individuals and their personal data.
The Law on Protection of Personal Data No. 6698 entered into force after being published in the Official Gazette on April 7, 2016. In the said law, there are issues such as the general principles to be followed in the processing of personal data, the conditions for the processing of personal data and the rights of data owners. The purpose of this law is to "protect the fundamental rights and freedoms of individuals, particularly the privacy of private life, in the processing of personal data, and to regulate the obligations and procedures and principles to be followed by real and legal persons who process personal data".
General Information on the Law on the Protection of Personal Data
Personal data is defined as "any information relating to an identified or identifiable natural person". All kinds of information is not only the information that provides the definitive diagnosis of the individual such as name, surname, date of birth and place of birth, but also information about the person's physical, familial, economic, social and similar characteristics.
Sensitive (special quality) personal data is a special type of personal data. The legislator has regulated the processing conditions of sensitive personal data more strictly, considering that this information may be used in a way that may cause discrimination against individuals. These data are; are the data related to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, disguise and dress, membership of associations, foundations or unions, health, sexual life, biometric data or criminal convictions and security measures given to them.
The processing of personal data includes all kinds of operations performed on the data such as obtaining, recording, storing, preserving, changing, transferring, taking over.
There are some principles/procedures that must be followed in order to process personal data in accordance with the law. Accordingly, first of all, data processing must comply with the law and honesty rules. Other principles are that the processed data should be accurate and up-to-date when necessary, data processing should be done for specific, clear and legitimate purposes, and the processing should be related, limited and proportional to the purpose. In addition, the processed data should not be stored longer than necessary for the purpose.
Personal Data Processing Conditions
As a rule, personal data cannot be processed without the explicit consent of the data owner. In order to obtain explicit consent, detailed information about the process must be given to the data owner. However, according to Article 5 of the law, personal data can be processed without the explicit consent of the data owner in exceptional cases. These exceptions are:
It is clearly stipulated in the laws that the data will be processed,
It is compulsory for the protection of the life or physical integrity of the person or another person, who is unable to express his consent due to actual impossibility or whose consent is not legally recognized,
Provided that it is directly related to the establishment or performance of a contract, it is necessary to process the personal data of the parties to the contract,
It is mandatory for the data controller to fulfill its legal obligation,
The person concerned has been made public by himself,
Data processing is mandatory for the establishment, exercise or protection of a right and data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.
Sensitive personal data other than health and sexual life can only be processed without express consent in cases expressly stipulated by law. Data on health and sexual life, on the other hand, can only be provided with the explicit consent of the data owner by persons under the obligation of keeping confidentiality or authorized institutions and organizations for the purpose of protecting public health, performing preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and financing. can be processed without calling.
Data Controller's Obligation to Clarify
According to the Law, data controllers are obliged to inform the data owners whose personal data they process. Within the scope of fulfilling this obligation, the following information will be provided by our company to data owners when necessary:
Identity of the data controller and its representative, if any,
For what purpose personal data will be processed,
To whom and for what purpose the processed personal data can be transferred,
Method and legal reason for collecting personal data,
Data owner's rights.
Rights of Data Owners
With the 11th article of the Law, certain rights are granted to data owners. According to this, everyone can apply to the data controller about himself/herself;
Learning whether personal data is processed or not,
If personal data has been processed, requesting information about it,
Learning the purpose of processing personal data and whether they are used in accordance with the purpose,
Knowing the third parties to whom personal data is transferred in the country or abroad,
Requesting correction of personal data in case of incomplete or incorrect processing,
Requesting the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7,
Requesting notification of the correction, deletion or destruction of personal data to third parties,
Objecting to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems,
In the event that personal data is damaged due to unlawful processing, it has the right to demand the compensation of the damage.
Your information is presented with respect.