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Personal Data Protection Law  The obligation to inform with Article 10 is a responsibility for data controllers, but it is also a right for real persons whose personal (Personal) data are processed. Pursuant to the obligation of the word, the committed  with personal data  It means making the relevant statement and it is the most important condition for the processing of personal data to be done in accordance with the law.


The obligation to inform is not an obligation based on the request of the person whose data is processed. In case the data subject has express consent or other personal data processing conditions, the data controller must fulfill the obligation of disclosure. So why?  Because the obligation to inform is an obligation that must be fulfilled without being bound by both express consent and other personal data processing conditions in the law.


If the obligation to inform is not fulfilled, the penal sanction in Article 18 of the Law is applied. The fulfillment of the obligation of disclosure, that is, the proof of fulfillment, belongs to the data controller. Fulfilling the obligation to inform in accordance with the law; The relationship of trust between data controllers and relevant persons is important in terms of transparency and accountability requirements.


Exceptional Circumstances in which the Lighting Obligation is not Fulfilled


Article 10 of the Law states the responsibility of the data controller or authorized person to inform the relevant persons during the collection of personal data. For this reason, as a rule, data controllers processing personal data must fulfill their obligation to inform. But sometimes, in exceptional cases, the disclosure obligations are not published. For this reason, it can be determined as exceptions to the obligation of disclosure in case of processing personal data within the scope of the activities included in Article 28 of the law titled "Exceptions".


  • Article 28 Paragraph 1 of the Law


A data controller who processes personal data for purposes such as research, planning and statistics within the scope of official statistics or by making it anonymous (Unknown), does not need to publish any clarification on the condition that it is specific to this data, but does not have to publish other activities (for example: human resources, information processing, Accounting, public relations) in terms of personal data processed within the scope of the obligation to inform the relevant persons.


  • Article 28 Paragraph 2 of the Law


According to the second paragraph of the 28th article of the Law, the 10th article of the Law will not be applied for the personal data being processed within the scope of the activities carried out. (Example: It is not obligatory to inform the relevant persons about the processing of traffic or MOBESE records in the general follow-up, which is based on the condition of committing a crime to prevent crime or for a crime investigation.)


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