1 Million Lira Fine for Unauthorized SMS by Personal Data Protection Authority

The Personal Data Protection Authority (KVKK) imposed a fine of 1 million lira on a savings finance company for sending marketing SMS and making calls without the explicit consent of a lawyer. Lawyer Ahmet Şahin had filed a complaint with the KVKK, stating that he had received marketing SMS on his cell phone without his knowledge and consent.The KVKK decided to impose a fine of 1 million lira on the company. According to the information obtained, last year, the company sent marketing SMS to Şahin's cell phone number without his explicit consent.Şahin then filed a complaint with the KVKK, stating that the company had made phone calls without his consent and without informing him. The finance company stated that the phone number was added to the system by another customer and that all data was permanently deleted from the system and blocked from the SMS panels after the complaint.The KVKK Board emphasized that explicit consent must be obtained before processing personal data. The Board decision also referred to the Electronic Commerce Regulation Law and the Message Management System (İYS) regulations, stating that sending commercial electronic messages without the consent of the data subject is unlawful.Lawyer Ahmet Şahin pointed out that the process was due to the unlawful processing of personal data and drew attention to the importance of personal data. "Our TC ID number, phone numbers, IP addresses, addresses, IBAN information, all of these are personal data. In this sense, personal data is our digital identity," he said.Şahin stated that a savings finance company had obtained his phone number in an unlawful manner and sent unauthorized SMS last year, and that he was frequently called for marketing purposes afterwards. Şahin called on citizens to complain to the KVKK if they experience a similar situation, stating that the unlawful processing of personal data is a crime."This situation actually concerns millions of people. I recommend that our citizens complain to the Personal Data Protection Authority without delay if they experience such an incident," he said.Şahin also stated that personal data can be sold, transferred abroad, and shared with different companies, saying, "This is actually a threat to us."