Personal data protection is increasingly important in today’s digital world. Personal Data Protection Law No. 6698 (KVKK) was enacted to ensure the protection of individuals’ personal data. Within this scope, individuals can exercise their rights regarding the processing of their personal data and request the deletion of their data. Let’s examine in detail how this process works for individuals residing in Antalya or whose personal data is processed by organizations located in Antalya.
What is a Request for Deletion of Personal Data?
The Personal Data Protection Law (KVKK) grants individuals various rights regarding the processing of their personal data. One of these is the right to request the deletion of their personal data. This right can be exercised if the processing of personal data violates the conditions set forth in Article 5 of the KVKK or if the purpose of processing the data has been eliminated. Whether or not a request for deletion is accepted depends on the assessment of the relevant institution and the relevant provisions of the KVKK. It should not be confused with a request for the correction of inaccurate or incomplete data. A request for deletion aims to completely destroy the data or render it inaccessible.
Under What Circumstances Can a Deletion Request Be Made?
A request for deletion of personal data can be made in the following cases:
Processing Cases That Do Not Comply With KVKK:
* Data has been processed unlawfully,
* The purpose of data processing disappears,
* It is not necessary to store the data after the expiration of the periods stipulated in the relevant legislation,
* Data processing is not based on the explicit consent of the person concerned.
Other Situations:
* The person concerned withdraws his/her consent to the processing of his/her personal data,
* Obtaining data from a source other than those collected by the relevant person.
In these cases, the data subject may request the deletion of their personal data. However, there are exceptions specified by law. For example, data subject to a legal retention obligation cannot be deleted.
How to Request Deletion
To request the deletion of your personal data, you must submit a written request to the relevant institution. You can submit this request in person, through a notary, or by email. It is important to ensure that applications submitted via email are secure. In your application, you must provide documentation confirming your identity (such as a photocopy of your ID) and clearly state the data you wish to have deleted. In your request, you may also specify the method by which you wish the data to be deleted (for example, physical destruction or digital deletion).
Obligations and Process of the Organization
After receiving your request, the organization must evaluate the justification for your request and respond to you in writing within 30 days. If your request is justified, the organization must delete or render your personal data inaccessible. If your request is denied, the reason for the denial must be explained in detail. The timeframe for the organization to evaluate and respond to your request may be extended depending on the complexity and volume of the data, but this must be communicated to the relevant person.
Objection in Case of Rejection of Erasure Request
If the organization rejects your deletion request, you can appeal the decision. You can file a lawsuit to overturn the decision by applying to the competent courts in Antalya. It’s important to seek legal assistance from a lawyer during this process. The lawyer will pursue legal proceedings on your behalf and take the necessary steps to protect your rights.
Importance and Benefits of Data Deletion Request
Requesting the deletion of your personal data is crucial for protecting your privacy. This reduces the risk of unauthorized access, use, or misuse of your personal data. Furthermore, deletion of your personal data is also crucial for compliance with the Personal Data Protection Law (KVKK) if the purpose for which it was processed no longer exists.
Seeking support from a qualified attorney regarding the protection of your personal data and the exercise of your rights is crucial for ensuring the process is conducted effectively and efficiently. During this process, seeking legal advice will help you better protect your rights. If you have any questions about the deletion of your personal data in Antalya, it is recommended that you consult with a qualified attorney.