According to the Personal Data Protection Law (Personal Data Protection Law); The provisions of the Law do not apply if personal data is processed by real persons within the scope of activities related to themselves or their family members living in the same residence, provided that they are not given to third parties and that the obligations regarding data security are complied with.

There is an exception for family members living in the same residence to process data within the family within the scope of this paragraph. For example, photographs taken within the family on special occasions such as birthdays are not within the scope of this Law.

However, if this data is shared with third parties or published, for example, there is no exception if the photos taken on your birthday are shared publicly on social media. Because explicit consent is required to tag people in the photo shared on social media. Otherwise, if the person concerned makes a complaint, a crime is deemed to have been committed.

Even if they are from the same family...

So, how can explicit consent be obtained in this case?

For example, if the person in question likes or comments on the photo that is tagged and shared on social media, it means that his explicit consent has been obtained.

On the other hand, the person concerned must first request the photo shared to be removed in order to become a crime. However, if the photo is not removed and reported to Personal Data Protection Law, it becomes a crime.

In other words, the Law operates at every moment and in every environment.

The law prevents the random sharing of personal data, from social media posts to phone information. Otherwise, there may be penalties in case of complaints.