Turkish Personal Data Protection Board’s Public Announcement on Whatsapp Application
As a result of the preliminary assessment made on Whatsapp Inc., a data controller established abroad, obtaining explicit consent for the processing and transferring of the personal data to other data controllers established abroad, The Board decided to initiate an official investigation with the decision dated 12.01.2021 and numbered 2021/28 on the following issues:
Whether “not separately asking for explicit consent required for I) the processing of the personal data, ii) the transfer of the personal data to third parties established abroad” constitutes a violation in terms of “declaration by free will” which is a requirement of explicit consent specified in the Law,
Whether “permission to use the application only by giving explicit consent to transferring of personal data to a third party abroad” constitutes a violation in terms of compliance with general principles, especially, i) compliance with lawfulness and fairness, ii) being processed for specified, explicit and legitimate purposes, iii) being relevant, limited and proportionate to the purpose for which they are processed,
Whether “service providing subjected to the explicit consent” may result in the unlawful processing of personal data,
Whether “there is a violation of Article 9 of the Law”, principles for the transfer of personal data abroad, regarding the transfer to be made by Whatsapp Inc. to data controllers established aboard.
The Board announced to the public that a new evaluation would be made on February 8, 2021.
Article Contact: Bilge Derinbay / E-mail: firstname.lastname@example.org