PUBLIC TRANSPARENCY AND PERSONAL INSTITUTIONS WHEN SHARING PERSONAL DATA ON THE INTERNET CAN IT PROVIDE DATA PRIVACY AT THE SAME TIME?
Personal Information Published in the Official Gazette dated 28 July 2026 Data Protection Board Principle Decision, data with public legal entity personal data sharing on the internet by those responsible It contains important evaluations regarding.
With the acceleration of digitalization, public The websites of institutions are more than just platforms for corporate promotion. out; tender announcements, personnel transactions, parliament and committee decisions, disciplinary decisions, announcements and various administrative procedures It has become the main source of information published. This situation is public It plays an important role in ensuring transparency in its services. However, caution should be exercised in terms of protecting personal data. makes it necessary.
The Principle Decision published by the Board is exactly this. draws attention to the point. In the decision, the activities of public institutions are transparent. Although it is accepted that there is an obligation to carry out this The obligation is independent of the fundamental principles regarding the protection of personal data. It is emphasized that it cannot be considered.
Why from the Perspective of Public Institutions Important?
Public institutions, unlike many private law legal entities Differently, it is obliged to announce various information to the public. This obligation Most of the time it arises from the law or other regulatory actions.
However, from time to time in practice, it is necessary to publish It appears that information and sensitive personal data are not separated from each other. A tender commission decision, disciplinary decision, exam result, board decision or While the personnel transaction is uploaded to the website, all information on the document is Personal data can be published as is.
However, the basis for the protection of personal data is Even if there is a legal basis, only what is necessary for the purpose is the processing and sharing of data. The Board's Principle Decision also reiterates this issue. reminds us and data controllers also inform us of the concrete situation before each sharing.
The Principle of Proportionality Comes to the Fore
One of the most striking aspects of the Principle Decision is proportionality. is his emphasis on the principle of The publication of a document is mandatory, It may not require the publication of all personal data contained in the document.
For example;
- T.R. identification number,
- Mother father's name
- birth historical,
- address information,
- phone number,
- electronic postal address,
- registry special like number
In most cases, qualified personal data is the public's right to information. It is clear that it does not contribute in any way.
Therefore, when sharing, the entire document is shared. not, but making accessible only the part that needs to be published or Obscuring or anonymizing personal data is often more It will be a suitable method.This approach will both preserve the principle of transparency and It will prevent unnecessary dissemination of personal data.
Publications on the Internet Duration is Also Important
Another issue that the Principle Decision draws attention to is It is the continuity of publications on the internet.
An advertisement made in print media will be published after a certain period of time. documents published on the internet may become outdated for years. can remain accessible. Moreover, through search engines Accessing documents also becomes much easier. Therefore, the Boardinitially Even though many years have passed since a document was published in accordance with the law, If personal data continues to be accessible on the website, It is emphasized that it may need to be evaluated separately in terms of protection
In this context, for example, the Revenue Administration The passing of a trader whose name was published in the tax dishonor list by Although he has fulfilled his tax obligations in recent years, his name is still public. being accessible on the websites of their institutionsThe Supreme Court and The right to be forgotten, which the Constitutional Court frequently emphasizes in its decisions It will also constitute a contradiction.
Transparency and Personal Data Protection is not an alternative to each other
When the general approach of the Principle Decision is examined, Transparency and protection of personal data are two competing principles. It is understood that it is not visible. On the contrary, both principles can be applied together. A system is envisaged.
As a matter of fact, in many cases, certain legal liability by anonymizing or obscuring the information. can be fulfilled and the fundamental rights and freedoms of the persons concerned can be protected.
What Should Institutions Pay Attention to in Practice? Should?
Considering the Principle Decision, public institutions Answering the following questions in your posts on the internet: It will be useful:
- This Is there a clear legal basis for publishing the document?
- Shared Is it really necessary to publish all personal data? Same purpose, Can it be achieved with less personal data sharing?
- In the document Is it possible to anonymize or obfuscate?
- Publication How long will it remain available? After completing the purpose of publication Has a process been established for its removal?
- Transparency/legal It will be necessary to publish it for processing reasons such as suitability Has information been provided to the relevant parties beforehand in terms of personal data?
- Institution This also applies to advertisements made in physical environments such as billboards and newspaper advertisements. Have the rules been taken into consideration?
These questions should be asked separately for each concrete case. evaluation, compliance with the basic principles in Law No. 6698 It will contribute to the provision of information and to reduce possible legal risks.
For example, on an issue such as the announcement of exam results, the Board Other people may also want to see the results and transparency is ensured. accepts that it may be requested, but only states that a double-layered entry system can be created.
Conclusion
Decision; to law suitability, commensurability, data minimization, limitation of purpose and personal data only for the period for which it is necessary Implementation of basic data protection principles such as storage in digital environment It is a guide in terms of noreferrer">https://www.resmigazete.gov.tr/eskiler/2026/07/20260728-6.pdf