We have often heard the concept of, explicit consent, with the entry into force of the Personal Data Protection Law Code 6698.
Explicit consent, in Article 3 of the Law; It is defined as Protection consent on a particular subject, based on information and expressed with free will Protection. In addition, paragraph 3 of Article 20 of the Constitution stipulates that personal data can only be processed in cases stipulated in the Law or with the explicit consent of the person.
Explicit consent is one of the reasons for compliance with the law in terms of both sensitive personal data and non-private personal data…Accordingly, in the Law, respectively;
Personal data cannot be processed without the explicit consent of the person concerned,
It is forbidden to process sensitive personal data without the explicit consent of the person concerned,
Personal data cannot be transferred without the explicit consent of the person concerned,
Personal data cannot be transferred abroad without the explicit consent of the person concerned,
Explicit consent is an important concept that also finds its place in international texts.
Explicit consent according to the European Union Directive 95/46/EC; processing personal data of that individual in question, freely, by satisfactory disclosure, explicit and suspicionless approval statement, given particularly for the process said…
On the other hand, whilst the Directive rules for looking explicit consent only for the processing of sensitive personal data, an explicit consent is required for the processing of all kinds of personal data as a rule in the Law and the EU General Data Protection Regulation (GDPR). Explicit consent means that the person gives consent to the processing of personal data voluntarily or upon request from the other party within the framework of two laws.
Another importance of the explicit consent statement is that it guides the data processor about the action to be taken. The person actually informs the data controller about the decision taken by the individual regarding private legal value with the explicit consent statement. The explicit consent statement also enables the data subject to determine the limits, scope and mode of execution of the data that he/she allows to be processed. Accordingly, explicit consent must include a positive statement of will of the person giving the consent.
It is not necessary to obtain the explicit consent in written form, without prejudice to the regulations in other legislation. It is also possible to obtain explicit consent through electronic media and call centers. Here, the liability of proof relis on the data controller.
Provimes complies with Personal Data Protection Law.
Provimes Visitor Management System is a product developed in accordance with Personal Data Protection Law Code 6698 and requests explicit consent from visitors. In the processing of personal data, your company, which processes personal data, fulfills its obligations in order to protect the privacy of private life and the fundamental rights and freedoms of individuals. It complies with all necessary requirements. It also complies with GDPR, which is the result of efforts to protect the privacy rights of EU citizens.
