Statement from the KVKK regarding calls made by research companies

The Personal Data Protection Authority (KVKK) has issued a statement regarding calls made by research companies through random number dialing.

The statement noted that complaints received by the authority regarding calls made using this method have been examined, and it was conveyed that according to the Personal Data Protection Law No. 6698, "the provisions of the law shall not apply if personal data is processed for purposes such as research, planning, and statistics by making it anonymous through official statistics."

The statement emphasized that examinations revealed that phone numbers were not obtained from any source and that the generated number was not visible to the personnel conducting the call, noting that the personal data processing activity begins with the calling of the relevant individual.

EXPLICIT CONSENT REQUIREMENT

The statement provided the following information regarding personal data processing activities, such as the date and duration of the calls, traffic logs in the form of "calling number and called number," the processing of phone numbers into a do-not-call list in the context of individuals' requests not to be called again, and the recording of the conversation:

"It has been decided that it may be considered lawful within the scope of 'processing of data is necessary for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject' as stated in clause (f) of the second paragraph of Article 5 of the Law, for the purposes of auditing the research within the scope of quality control, fulfilling the researcher's obligations, and proving that obligations have been fulfilled in case of a legal dispute."

Pointing out that at the very first moment of contact with individuals, information must be provided at a minimum regarding who is making the call, which personal data of the individuals is being processed, that the phone number was generated through a random dialing method, and the purpose of the processing, the statement included the following expression: "It has been decided to inform the public that, following the provision of this information, if the relevant individuals provide explicit consent, the phone conversation may continue and personal data may be processed."

News Source: AA