In accordance with Article 16 of the Personal Data Protection Law, real and legal persons who process personal data are required to register with the Data Controllers’ Registry. However, it has been regulated that exceptions may be made to this registration requirement in certain cases by the Board.
According to the Decision dated 02.04.2018 and numbered 2018/32 of the Personal Data Protection Board, the following are exempt from the registration obligation:
- Persons processing personal data by non-automated means which is provided because of being a part of a data filing system.
- Notaries who operate according to the Notary Public Law Numbered 1512 and dated 18.01.1972.
- The associations which are established according to the Law of Associations Numbered 5253 and dated 04/11/2004, foundations which are established according to the Law of Foundations Numbered 5737 and dated 20/02/2008 and trade unions which are established according to the Law on Trade Unions and Collective Labour Agreements Numbered 6356 and dated 18/10/2012 and processing personal data only in compliance with relevant legislation and purposes, limited to their field of activity and only towards their employees, members and donators.
- Political parties that are established according to the Law on Political Parties Numbered 2820 and dated 22/04/1983.
- Lawyers who operate according to the Attorneyship Law Numbered 1136 and dated 19/3/1969.
- Certified Public Accountants and Sworn-in Certified Public Accountants who operate according to the Law of Accounting Profession Numbered 3568 and dated 1/6/1989.
Requests for opinions have been sent to the Board due to some hesitations in the practice regarding the persons mentioned in Clause 3, and upon this, the Board has decided to change this clause as follows and to publish it in the Official Website and in the Official Gazette:
“Associations, Foundations and Trade Unions located in Turkey and which process personal data; as only limited to relevant legislation and their fields of activity which are in compliance with their purposes,”