On 6 November 2020, Turkey's Personal Data Protection
Authority published a summary of a decision dated 10 September 2020
and numbered 2020/791 on its website regarding the processing of
the mobile phone number of a data subject by an association for
sending advertising SMS without getting explicit consent of the
data subject.
The decision was made as a result of the examination carried out
by the Personal Data Protection Board
("Board") within the framework of the
Law on Protection of Personal Data numbered 6698 ("DP
Law"), upon the complaint of the data subject.
The examinations of the Board, based on in its assessment of the
case, are as follows;
- The terms of the processing of a personal data are regulated
under article 5 of the DP Law; the first paragraph of this article
emphasize that personal data cannot be processed without the
explicit consent of the data subject, and if one of the conditions
specified in the second paragraph is met, it is possible to