How to File a Complaint With the Turkish Data Protection Board

A person who believes they have experienced a violation relating to their personal data must first apply to the data controller; if this does not resolve the matter, they may file a complaint with the Personal Data Protection Board.

The Requirement to First Apply to the Data Controller

Under Article 13 of KVKK No. 6698, before filing a complaint with the Board, the data subject must apply to the data controller in writing or through other methods determined by the Board, in order to exercise the rights listed in Article 11 of the KVKK. A complaint filed directly without fulfilling this prior application requirement will be dismissed by the Board on procedural grounds.

The Data Controller's Response Period

The data controller must conclude the application made to it as soon as possible depending on the nature of the request, and free of charge, within thirty days at the latest; where the process requires an additional cost, a fee under the tariff set by the Board may be charged.

The Deadline for Filing a Complaint With the Board

Under Article 14 of the KVKK, the data subject may file a complaint with the Board within thirty days of learning the data controller's response, and in any event within sixty days of the date of application. The right to complain arises where the application is refused, an inadequate response is given, or no response is given within the period.

Channels for Filing a Complaint

A complaint can be filed through the Personal Data Protection Authority's official application system, through e-Devlet, or by written petition; it is important that the application clearly and concretely describes the alleged violation and attaches any supporting documents.

Outcomes of the Board's Review

The Board must review the complaint and reach a decision within sixty days; if no response is given within this period, the request is deemed refused. If the Board finds a violation, it may order measures such as stopping the processing, deleting or correcting the data, and may impose an administrative fine.

Judicial Review of Board Decisions

An action for annulment may be filed against a Board decision before the administrative court within thirty days of its notification; if this period is missed, the Board's decision becomes final.

Practical Recommendations

Before filing a complaint, keep evidence of the application made to the data controller and of the response received (or the absence of one); clearly state your request and the KVKK provisions you rely on in your complaint petition.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.