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ARTICLE · 26 JUNE 2019

Is Explicit Consent A Safer Way Of Processing Data?

First of all, consent must be restricted to a specific subject and cannot be open-ended.

TurkeyPrivacy
Nihan Yigit
Nihan Yigit
Isil Ertekin
Isil Ertekin
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Turkish Personal Data Protection Code no. 6698 ("Code") entered into force on April 7th, 2016 and the Data Protection Authority ("Authority") was established at the end of 2016 as an independent authority to fulfil the requirements under the Code.

According to the Code, processing the data is defined as any operation which is performed on personal data, whether or not by automatic means, such as collection, recording, retrieving, retaining, and/or transmission, erasure or destruction. The Code also regulated the legal grounds for processing the personal data and explicit consent is introduced as one of the eight legal grounds. Despite the general impression that the explicit consent is superior to other legal grounds and a safer way of processing, it is merely one of the eight legal grounds to process the personal data as per the Code and requires a lot of hurdles to achieve.

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