Warning To Research Companies: Inform First, Then Obtain Consent 28 October 2024
After the number of complaints to the Personal Data Protection Authority ("Authority"), the Authority published a Public Announcement on "Personal Data Processing Activities of Research Companies by Using "Random-Digit Dialing as a Method of Telephone Sampling" for the purpose of Statistical Research" ("Public Announcement").

What does the Subject of Complaints? |
It is related to the fact that although the persons concerned did not share their telephone numbers with the research companies in any way, they were called by the research companies and they were not informed about this issue. |
The Arguement of Research Companies |
The research companies stated that the telephone numbers are randomly and automatically generated by the system/software and that the method used for the calls is a statistical methodology known as the "random-digit dialing as a method of telephone sampling" method, which is applied worldwide. They also expressed that they obtain the consent of the data subjects; if the consent is not given by the data subjects, they retain data by Pseudonymisation method. |
The Authority's Detection |
The following assessments are made by the Authority regarding the incident in question. |
|
Assessment |
The Authority underlined in the Public Announcement that the use of a pseudonym does not anonymise personal data. Additionally, the criterion of directly identifying the data subject is not adequate for personal data processing activity; a personal data processing activity will also be relevant when the data subject is identifiable. For instance, if a research company collects information such as the place of residence and economic characteristics of the data subject without identifying information details like the name and surname of the data subject, this data still constitutes personal data processing, as it can be linked to identifiable individuals. |
Another important point from the Public Announcement is that the legal requirement for explicit consent aligns with the Authority's Principle Decision, which states that the processing of personal data by research companies only for the purpose of profit or economic benefit is inadequate for assessing legitimate interest. However, to the extent necessary for the research, explicit consent will not be required for the processing of information such as the date and duration of the call of the data subjects, the caller number and the traffic log in the form of the number called, which may be based on the legitimate interest of the data controller. |
Conclusion |
The decisions of the Authority must be complied with. In this context, data controllers should analyse the effects of the Public Announcement on their personal data processing processes. |
_____________________________ 1 https://www.kvkk.gov.tr/Icerik/5434/2019-78 2 https://www.kvkk.gov.tr/Icerik/7989/-Arastirma-Sirketlerinin-Istatistiksel-Arastirma-Yapmak-Amaciyla-Rastgele-Numara-Cevirme-ile-Telefon-Mulakati-Yontemi-Kullanarak-Gerceklestirdikleri-Kisisel-Veri-Isleme-Faaliyetleri-Hakkinda-Kamuoyu-Duyurusu 3 https://www.kvkk.gov.tr/Icerik/7989/-Arastirma-Sirketlerinin-Istatistiksel-Arastirma-Yapmak-Amaciyla-Rastgele-Numara-Cevirme-ile-Telefon-Mulakati-Yontemi-Kullanarak-Gerceklestirdikleri-Kisisel-Veri-Isleme-Faaliyetleri-Hakkinda-Kamuoyu-Duyurusu |
Other News
-
27.8.2025
Regulation On Direct Selling Was Published
The Regulation on Direct Selling ("Regulation"), issued by the Ministry of Trade ("Ministry") pursuant to Articles 47/A and 84 of the Consumer Protection Law No. 6502, was published in the Official Gazette dated 08.08.2025 and numbered 32980, thereby entering into force.
-
18.8.2025
SMS Verification Codes and the Personal Data Protection Board's Guideline Decision No. 2025/1072
The Personal Data Protection Board's Guideline Decision dated 10 June 2025 and numbered 2025/1072 introduces significant regulations regarding personal data processing activities conducted through SMS verification codes, which have become a widespread practice in commercial life. The decision requires significant adjustments to customer relationship management, particularly in the service and retail industries.
-
11.8.2025
Mergers And Acquisitions Of Companies Engaged In Renewable Energy Gereration
In recent years, notable developments in Turkey's electricity market have extended beyond investments aimed solely at increasing generation capacity. The sector has also come into focus through strategic investments and merger and acquisition (M&A) transactions involving companies operating in the field of renewable energy.
-
31.7.2025
Annual Leave, Severance Pay, and Notice Pay in Part - Time Employment Contracts
Part-Time Employment Contract Article 13 of the Labor Law No. 4857 defines a part-time employment contract as "a contract in which the employee's normal weekly working hours are significantly less than those of a full-time employee performing similar work."
-
30.7.2025
Legal Remedies And The Official Appeal Process For Property Tax Values
a. General Overview Following the enactment of Law No. 4751 in 2002, which amended the Tax Procedure Law, the Property Tax Law, and the Fees Law, the declaration-based system for determining the property tax base was abolished, and the tariff and assesment procedure implemented by administrative authorities was adopted.
-
25.7.2025
Labour Law No. 4857 Amended! Electronic Notification Opportunity Introduced With Rem
Article 109 of the Labour Law No. 4857 has been amended, together with its title and content, by the Law Amending the Law on the Protection of the Value of Turkish Currency and Certain Laws and the Decree Law No. 635 published in the Official Gazette dated 24 July 2025. With this important amendment, the procedures regarding the form of notifications to be made between employers and employees have been redefined.
-
16.7.2025
Terminatıon Right Of The Employer Due To Conviction And Detention And Legal Consequences
In labour law practice, which is a dynamic field based on the principle of protecting the balance between the employee and the employer, the employee's failure to fulfill their obligation to perform work-especially when this results from circumstances that restrict individual freedom, such as conviction or detention-has significant legal consequences regarding the termination of the employment contract.
-
14.7.2025
Radical Change In The Labor Law Dated 14.07.2025: Flexible Week Holiday Period Has Started In The Tourism Sector!
With the Law No. 7553 on the "Amendment of Certain Laws and Decree Law No. 375" published in the Official Gazette on July 14, 2025, important innovations have been introduced in the Labor Law and some other laws. In this context; as of 14.07.2025, with the provision added to the article Article 46 of the Labor Law which regulates the week holiday, flexible week holiday specific to the tourism sector have been introduced.
-
9.7.2025
Climate Law Enacted
The Climate Law No. 7552 ("Law"), which includes regulations on the procedures and principles related to the reduction of greenhouse gas emissions in the fight against climate change, climate adaptation activities, planning and implementation tools, revenues, permits and inspections, and the legal and institutional framework surrounding these, was published in the Official Gazette dated July 9, 2025, No. 32951, and entered into force. This Law sets out general principles and objectives from a casuistic perspective, preferring to leave detailed and technical regulations to secondary legislation.
-
7.7.2025
Mediation Practices In The Land Registry
Pursuant to the amendments introduced by Law on Amendments to the Enforcement and Bankruptcy Law and to Certain Other Laws which was published in the Official Gazette dated 05.04.2023, numbered 32154 to the Law on Mediation in Civil Disputes dated 7/6/2012 and numbered 6325 ("Law"), the scope of disputes that may be resolved through procedural- mandatory- and voluntary mediation has been expanded.
-
27.6.2025
Effects Of The Concordatum Period On Pledgees
Pursuant to Article 285 of the Enforcement and Bankruptcy Law (EBL), a debtor who is unable to pay their debts on time or is at risk of default may request a concordatum. During the period granted to the debtor upon such request, no enforcement proceedings may be initiated, and ongoing proceedings are suspended, in accordance with Article 294/1 of the EBL.
-
18.6.2025
M&A Dynamics in Publicly Traded Companies: New Investment Strategies Through Borsa Istanbul
In recent years, IPOs in Turkey have reached record levels. In 2023 and 2024, a large number of companies started trading in Borsa Istanbul as a result of initial public offerings (IPO) transactions. These IPOs, which attracted great interest from small investors, stand out as important strategic moves in which companies gain transparency and visibility, and also play a role as an important financing tool. With IPOs, publicly traded companies / partnerships are now drawing the attention of not only small investors but also domestic/foreign strategic and financial investors.
-
16.6.2025
The Court Of Cassation Abandoned Its Long-Standing Precedent Regarding Construction Conracts In Return For Land Shares, Known As "Advance Deed"
Construction contracts in return for land shares are a common practice in the construction sector in Turkey.
-
11.6.2025
Amendments To The Regulation On Distance Contracts: Return Shipping Fees And Right Of Withdrawal For Electronics
With the Regulation Amending the Regulation on Distance Contracts ("Amending Regulation") published in the Official Gazette dated May 24, 2025 and numbered 32909, important amendments were made regarding distance sales. The key changes introduced by the Amending Regulation are as follows:
-
30.5.2025
Alimony Against Inflation: Adjustmen of Alimony and the Issue of Payment in Foreign Currency
Alimony for supplementary welfare allowance and child support awarded by court judgment as a result of divorce cases is generally fixed at a certain amount and either remains the same over the years or is increased only within limited rates determined by the court. Similarly, the provisional alimony determined during the litigation process can become insufficient over time due to the prolonged duration of the proceedings and high inflation; this significantly hampers the effectiveness of alimony enforcement.