Right to Lodge a Complaint
- If the request pursuant to Article 13 of the Law is refused, the response of the data controller is found insufficient or the request is not answered by the controller within 30 days, the data subject may lodge a complaint with the Board within thirty days as of he/she learns about the response of the data controller, or within sixty days as of the request date, in any case.
- A complaint cannot be lodged before exhausting the remedy of the request to the data controller pursuant to Article 13
- Complaints not meeting conditions laid down in Article 6 of the Law No. 3071 of 1/11/1984 on the Use of Right to Petition shall not be examined.
- As the request is mandatory and the complaint is optional, a data subject whose request has been refused implicitly or explicitly may both lodge a complaint with the Board and resort directly to the judicial or administrative jurisdiction.
- The right to compensation of those whose personal rights are violated, pursuant to the general provisions, is reserved.
- Article 15 of the Law determines the procedures and principles of the examination to be made by the Board.
- Upon complaint, The Board examines the demand and gives an answer to the data subjects. In case the request isn’t responded in sixty days from the date of complaint the demand shall be deemed refused.
- As a result of the examination made upon complaint, in cases where it is understood that an infringement exists, the Board shall decide that the identified infringements shall be remedied by the relevant data controller and notify this decision to the relevant parties. This decision shall be implemented without delay and at the latest within thirty days after the notification.
- Data subject has the right to file a lawsuit at the administrative courts against decisions concerning him/her made by the Board.