The Personal Data Protection Authority ruled on the use of an image of the data subject in the news content of a website without his/her explicit consent.
In summary, in the complaint submitted to the Institution by the guardian of the restricted (concerned person),; the photo used in the news content of the website contained within the data controller belongs to the son who is the relevant person, he does not have explicit consent to use the relevant image, he suffered victimization as a result of unreal news content and the personal rights of the relevant person were violated, as a result of learning about this issue, an application was made to the data controller who published the news about the crime, although the parties were notified by e-mail that the photo was removed by the data controller, only the photo in the URL was removed, it was stated that access to the photo is still provided in all other URLs and that the victimization continues, and it was requested by the guardian of the relevant person to do the necessary within the scope of the Personal Data Protection Law No. 6698 (Law).
The result of the application was submitted by the Board,
- The photo contained in the news item subject to the complaint is in the nature of personal data,
- For this reason, it has been assessed that the company that is the data controller will be subject to obligations under the Law; the publication of the photo in the content subject to the complaint is a personal data processing activity, data processing activities are carried out without the processing conditions contained in the Law, so the data controller has not taken all necessary technical and administrative measures to ensure an appropriate level of security in order to prevent the unlawful processing of personal data. JCPOA is a data processing activity. JCPOA is a data processing activity. JCPOA is a data processing activity. JCPOA is a data processing activity. JCPOA is a data processing activity. JCPOA is a data processing activity. JCPOA is a data processing activity. Jul.< / li>
As a result of its investigations, the Board decided to impose an administrative fine on the data controller, given that the photo of the data subject was published on the website by an editor working for the data controller with incorrect content unrelated to the data subject, without the explicit consent of the guardian of the data subject or one of the other processing conditions contained in the Law.
You can access the full text of the Board Decision from the link below.
https://www.kvkk.gov.tr/Icerik/7143/2021-989
