On 17 December 2024, Turkish Constitutional Court ("CC") decision was published in the Official Gazette assessing whether the right to request the protection of personal data within the scope of the right to respect for private life was violated.
Background and Process
The applicant, who worked for the Ministry of Foreign Affairs ("Ministry"), experienced underpayment of his foreign allowance and termination of his assignment at the end of the first year of his four-year term. The applicant claimed that these incidents were caused by the registration and information notes in his personnel file.
The applicant requested to access registration and information notes from the Ministry several times in 2017 and 2018. According to the Applicant, some of his requests were unlawfully rejected and some were not responded to by the Ministry. Subsequently, the Ministry rejected his request to access registration and information notes in his personnel file through his lawyers on the grounds that the lawyer was not obliged to obtain the information and documents he needed by sending them outside the organization.
The applicant filed a lawsuit for annulment of the administrative act before the Administrative Court after the administration rejected his request for information. The Administrative Court dismissed the case on the grounds that the contents of his personnel file could not be provided to anyone other than the authorities authorized to investigate and prosecute him.1 Thereafter, the applicant's appeal was rejected on the merits of the Regional Administrative Court. Thereupon, the applicant filed an individual application before the CC.
Highlights of the CC's Decision
In the opinion letter of the Ministry, it was stated that the applicant's personnel file contained confidential information belonging to third parties. However, it was stated that the applicant was not entitled to a right and that the refusal to provide him with the information in his personnel file was in accordance with the law.2 In its assessment, the CC states that under the right to privacy, an individual's personal information should remain private without their consent. The information of third parties that may be in the applicant's personnel file is protected under the right to privacy. However, while the information of third parties is protected under the right to privacy, an individual's right to access his or her own personal data should also be considered.
The CC noted that the personnel file at issue constitutes personal data of the Applicant, and the Applicant has the right to access his personal data. Accordingly, the CC conducted a legal assessment and pointed out that the Ministry's response letter was not based on any legal ground.
In final verdict, The CC stated that the right to privacy becomes curial when the personal data is shared with third parties. However, the information requested in case is considered as personal data of the Applicant and an individual's right to access is protected and requests to access his own personal data must be answered. Accordingly, it was stated that the prevention of the applicant's request for access to personal data about himself was not rendered lawfully. With this regard, the CC ruled that the applicant's right to request access of personal data was violated and ruled for the applicant to pay TL 30,000 (approx. EUR 850) non-pecuniary damages in favor of the applicant.
Conclusion
This decision clarifies that the right of individuals to access their own personal is within the scope of the Personal Data Protection Law numbered 6698 by the Constitution.
Footnotes
1. General Communiqué on Public Personnel.
2. Article 21 of the Law on Access to Information.
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