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BOARD DECISION

Stern Warning from KVKK to Accident Victims

Official titleDecision of the Personal Data Protection Board Dated 20/05/2026 and Numbered 2026/1095

The Personal Data Protection Board (KVKK) published a Principle Decision against claim consultancy companies and unauthorized persons who unlawfully access the personal data of accident victims. The decision emphasizes strict audit and sanction processes that will prevent the unauthorized use of this data.

Details of the Regulation

KVKK has determined that the personal information of accident victims is accessed by 'claim consultancy' companies or non-lawyer individuals who do not have the consent of the victim or legal authority. These persons call victims by phone, promising compensation, and carry out transactions based on data obtained through unlawful means. This situation explicitly constitutes a violation of KVKK No. 6698, the Attorneys' Law No. 1136, and the Insurance Law No. 5684.

The Board reminded that insurance adjusters and parties carrying out claim consultancy can use data entrusted to them solely due to their duties, strictly within the boundaries of their duties. It was stated that unlawful data processing activities constitute an offense under Article 136 of the Turkish Penal Code No. 5237 (unlawfully giving or obtaining data), and criminal complaints may be filed with chief public prosecutor's offices.

Consequently, KVKK reminded data controllers of the obligation to take technical and administrative measures, such as providing training to employees, limiting authority, and role-based access control. It has been announced that proceedings will be instituted pursuant to Article 18 of the Law against data controllers who do not comply with these rules and continue unlawful processing.

REGAS Commentary

Citizens who have had an accident or lost a relative must be very cautious against consultancy companies calling them with the promise of 'we will get compensation'. These companies access your personal data (accident report, address, telephone) through illegal means. Before signing a contract, make sure to query whether the other party is a real lawyer from the bar association roster and do not give your personal information to people you do not know.

Questions You Might Have

What should I do if a claim consultancy company calls me?
Ask where they got your number and, reminding them that this transaction is unlawful pursuant to KVKK, file a complaint against the company concerned with KVKK.
Will this decision make it harder for me to get compensation?
No, on the contrary, this decision emphasizes that you should safely pursue your legal rights solely through authorized lawyers, rather than illegal intermediary institutions.

Key Terms

Veri Sorumlusu
It is the natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data filing system.
İlke Kararı
These are general decisions of a binding nature taken by the Board in order to guide the implementation on a specific subject, fill legal gaps, or ensure sectoral discipline.

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