Data Restriction at the TPTO within the Scope Of the Personal Data Protection Law

The TPTO has recently announced the updates and measures taken in their practices within the scope of the Personal Data Protection Law No. 6698 aiming to regulate the obligations of natural and legal persons who process personal data and the rules to be followed by protecting the privacy of private life and the fundamental rights and freedoms of individuals.

In this respect, following are no longer available at the TPTO database for 3rd parties.

  • Data falling within the scope of personal data in the results of research conducted via Patent, Trademark, Design search and file tracking applications/tools of the TPTO, except for the cases specified in the second paragraph of Article 5 of the Law.
  • Data falling within the scope of personal data in the Official Bulletins to be published as of 22 March 2021, except for the cases specified in the second paragraph of Article 5 of the Law.

Second paragraph of Article 5th of said Law specifies the conditions/exceptions that let processing personal data without the explicit consent of the person in concern;

a) if it is clearly stipulated in the laws.

b) if it is necessary for the protection of the life or physical integrity of the person who is unable to disclose his consent due to actual impossibility or whose consent is not legally valid.

c) if it is necessary to process personal data belonging to the parties of the contract, provided that it is directly related to the establishment or performance of a contract.

ç) if it is necessary for the data controller to fulfill his legal obligation.

d) if the data is made public by person in concern himself.

e) if data processing is mandatory for the establishment, use or protection of a right.

f) if data processing is mandatory for the legitimate interests of the data controller, provided that the fundamental rights and freedoms of the data subject are not harmed.



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