NEWSLETTER-2019-metin

272 NEWSLETTER 2019 Processing of data with respect to legal entities is not covered by the Law. However, personal data that is processed by companies is precisely protected within the scope of this legislation. Examples of this data are employee’s information, records of subcontractor’s employees, job applications and resumes, fingerprint records, payroll records, camera records, security entry and exit minutes, as well as signature circulars in the annexes of contracts. Race, ethnic origin, political opinion, philosophic belief, reli- gion, denomination or other faiths, clothing and attire, membership to an association, charity or union, health, sexual orientation, criminal convictions and security measures, as well as biometric and genetic data of a real person are determined to be sensitive personal data. The Law states that firmer measures should be taken for sensitive personal data since it may create discrimination when they are disclosed. Thus, required administrative and technical measures are stipulated in detail within the context of (i) Board’s decision dated 31.01.2018 and num- bered 2018/10 on Adequate Measures to be taken by Data Controllers in the Processing of Sensitive Personal Data, and (ii) Personal Data Security Guideline prepared by the Authority 1 . Data Controller The Data Controller is the real person or legal entity that deter- mines the objectives and tools of processing of personal data and is responsible for the establishment and management of the data record- ing system. Thus, the data controller may be a real person, a company, a public institution, an association, or a foundation. Since the units within a company do not have separate legal per- sonalities, these units cannot be deemed as data controllers. Accord- ingly, branches may not be considered as data controllers. However, since each company in a group of companies is a legal entity, these companies will be regarded as separate data controllers. 1 Please see https://www.kvkk.gov.tr/SharedFolderServer/CMSFiles/7512d0d4- f345-41cb-bc5b-8d5cf125e3a1.pdf (Access date: 19.09.2019); https://www. kvkk.gov.tr/Icerik/4110/2018-10 (Access date: 19.09.2019).