Personal Data Protection Law and Turkish Condominium Law
There are frequent questions about whether the Property Owners and users should have their consent for the processing of their personal data. My legal opinion on the subject is as follows:
Paragraph 2 of Article 5 of the Personal Data Protection Law titled Personal data processing conditions
“In the presence of one of the conditions below, it is possible to process personal data without seeking the explicit consent of the person concerned.”
Clause “ç” of article 2 is; (Personal data) “It is mandatory for the data controller to fulfil its legal obligation.” It clearly stipulates that the information required by the legal obligation can be processed without seeking consent.
When the above 2 items are evaluated together, it is clear that the processing of personal data, which is obligatory in order to fulfil the legal obligation in terms of Condominium Ownership Law, will not constitute a violation of the law. In this case, it is necessary to determine which information can be processed due to which legal obligation.
The following provisions are included in the legal obligations of the site management in terms of Condominium Ownership Law:
In the following paragraphs of Article 35 of the Condominium Ownership Law,
i) To file lawsuits and enforcement proceedings against the floor owners who do not fulfil their debts and obligations regarding the condominium, and to register the legal mortgage right to the condominium registry;
k) Calling the floor owners board to a meeting. by saying,
He has assigned these duties to the Manager or the Board of Directors. In other words, it is a legal obligation for the Manager to file an enforcement proceeding or to file a lawsuit against the owners or users who do not pay their debts. Likewise, it is the legal obligation of the manager to duly invite all owners who are members of the Flat Owners Board to the meeting.
In order to fulfil the above legal obligations, it is essential for the manager to know the names and surnames of the owners, their TR Identity Numbers and addresses for notification, and which independent section they are the owner of. Requesting and recording the information within this scope from the flat owners will not constitute a violation of the Law on Protection of Personal Data No. 6698.
Likewise, in Article 11 of the Identity Reporting Law No. 1774, “Immovable property managers and doorkeepers subject to condominium ownership, whether there are people living in their buildings without notification, whether they are working, whether they hide in sections such as garages, coal mines, empty flats, take shelter, hide some items or items. are responsible for checking. All floor owners and tenants, as well as those working in the building, are obliged to assist the manager in these matters and provide the necessary information” and in Article 14 of the implementing regulation of this law, “Family heads or persons residing in the immovable property subject to the ownership of the floor, identification of the employees they will arrange and the identity of those staying in the residence. They give a copy of their identification documents to the responsible manager. When the “provision” is evaluated together, the recording of the identity information of the employees and the rest of the independent departments is also among the personal data that can be processed without seeking personal consent.
It is clear that the general principles of the Personal Data Protection Law must be complied with in matters such as deletion, destruction, anonymisation, etc.
Atty. Zinnur Kaya