The Personal Data Protection Authority (“Authority”) published the Guide on the Processing of Turkish Republic Identity Numbers (“Guide”), which includes the issues to be considered within the scope of the Personal Data Protection Law No. 6698  (“Law”).

In the Guide, it is stated that the T.R. identification number is frequently processed by data controllers due to its official, unique and unchangeable nature and its convenience in accessing other personal data of data subjects, but these data processing activities must also comply with the Law.

Although the T.R. identification number is not among the sensitive categories of personal data that are exhaustively listed in the Law, it has a very important place among the general personal data, considering that it may have significant negative effects on the data subjects because other personal data associated with it can also be accessed.

In this context, it is stated that the following criteria must be met cumulatively in order to comply with the principle of proportionality of the Law regarding the processing of identity data:

    • The personal data processing activity must be suitable for achieving the purpose sought (convenience),
    • Personal data processing should be necessary for the purpose to be achieved (necessity) and,
    • The purpose to be achieved by the personal data processing activity and the processing must be proportionate (proportionality)

Within the scope of the above information, it is necessary to consider whether methods that interfere less with the right to protection of personal data of the data subjects are possible in the processing of the T.R. identification number. Because of this assessment, if there is another method that interferes less with personal data, these methods shall be preferred and necessary technical and administrative measures shall be taken by data controllers to carry out personal data processing activities in accordance with the Law.

On the other hand, the Guide generally specifies the situations where the relevant legislation provides for the processing of the T.R.  identification number. Generally, the T.R. identification number may be processed based on the reason “envisaged by law” pursuant to Article 5/2 of the Law. For example, processing of the Turkish ID number for the issuance of invoices under the Tax Procedure Law for the exchange of goods or services is within this scope.

You can access the full text of the Guide and detailed information on the situations stipulated in the legislation regarding the processing of Turkish ID numbers from the link below:

 https://kvkk.gov.tr/SharedFolderServer/CMSFiles/a828de56-b2b2-43bf-b77d-cc05de5b2c84.pdf

Batuhan Şahmay
Partner | [email protected]
Naz Ergörün
Associate | [email protected]
Behiç Ateş Gülenç
Associate | [email protected]