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The decision of the Personal Data Protection Board (“Board”) dated 07.07.2022 and numbered 2022/667, regarding processing of the data subject's ‘hand geometry' information to access the service building of an enterprise by the data controller company (“Data Controller”) without explicit consent (“Decision”) has been published.
In summary, the data subject submitted a complaint to the Personal Data Protection Authority (“Authority”), and stated the following;
The data subject had to put his hand on a device and log in his password to access the service area, therefore the palm and fingerprints of the data subject were scanned without a legally valid explicit consent. The data subject applied to the Data Controller in accordance with the Personal Data Protection Law No. 6698 (“Law“), but the response given was found insufficient and it was requested from the Authority to take the necessary action.
In the defence received on the subject, the Data Controller stated that,
In the examination conducted on the subject, the Board;
The Board decided to impose an administrative fine of TRY 100,000 on the Data Controller pursuant to subparagraph (b) of paragraph (1) of Article 18 of the Law, considering the fact that the personal data subject to the complaint is special categories of personal data, and that subscribers other than the complainant are also affected by the processing of special categories of personal data in violation of the Law.
You may reach the full Turkish text of the Decision via the link below.
https://kvkk.gov.tr/Icerik/7399/2022-662
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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