How Do Law Firms Seize Your Information?

During the day, we can be called and receive messages from parties with whom we have never communicated or shared our information before. Moreover, this situation Some in law offices we can meet. So, how does our information get into the hands of these offices? What should you do when they call you?

In order to answer these questions and to shed light on our individual rights and freedoms, Lawyer Samet Eşer We contacted. Let’s take a look at the answers to the questions one by one.

How do law firms obtain our contact information?

According to the information shared by Eşer, under normal circumstances, that is, within the framework of law, only the contact information of the person concerned by HIS SHARE or shared by someone else BY EXPRESS CONSENT becomes possible.

But the offices even if you’ve never done any of the above they can communicate with you. This is where illegal means come into play. According to Eşer’s own experience, the offices can illegally access your contact information in the following ways:

• Via damage consultancy and insurance companies
• by hospital staff
• Via auto repair shops
• Via appraisal institutions
• Via car rental companies
• Via other individuals and institutions

The first three items can occur after a single event:

If the person has had a traffic accident or has been involved in a traffic accident, his way is most likely to the hospital, security and auto repair shops. In order to keep the necessary records, contact information of people is obtained in hospitals, police stations and auto repair shops.

Business explodes after this point. This contact information of individuals is allegedly used by hospital workers, law enforcement personnel and auto repair shops. for a certain commission damage is given to consultancy and insurance companies or various law firms working with or without them.

Then, the law offices that have the contact numbers of the people unlawfully call the people and say that they can act as their attorney. In general, many citizens do not consider the possibility that it may be against the law for law firms to reach citizens in this way.

But even if they think about it, the law firms or claims consultancy/insurance companies can offer a false defense. That this information is taken from a repository, etc. they can say. But this is not true. Because when asked for details they immediately end the call because they know that the job is against the law.

The personnel of the damage consultancy/insurance companies or law offices are waiting in the emergency department of the hospitals and the traffic accident/work accident etc. It is also one of the alleged methods to see someone who has a history and get their contact information.

How is it obtained from appraisal institutions?

Claims consultancy/insurance companies and law firms transferring data It is also one of the claimed methods. In this method, appraisal institutions identify the vehicles and their owners that have had an accident and share personal data about it unlawfully.

So, what role do car rental companies play?

Contact information is also required for car rental transactions. The data regarding this contact information is also illegally obtained by non-corporate car rental companies. sold/transferred to third parties It is claimed.

Of course, the explanation is not limited to these:

We share our contact information with various individuals and institutions for various reasons. For example, when shopping at X store, your contact information is survey/registration etc. at the checkout. may be requested for In this example, there is no problem if the company will process the information it receives from you within the framework of the Personal Data Protection Law.

However, if there is no data processing activity or if there is doubt about the reliability of the persons and institutions requesting contact information. Contact information should not be shared.

So, what can we do against individuals and institutions that obtain our information illegally?

First, we need to find out how they got our contact information. Because this will be decisive in terms of illegality. If you think that our contact information has been accessed illegally:

1. You can go to the Office of the Chief Public Prosecutor and file a criminal complaint.
   1. a. TCK 136/1: A person who unlawfully gives, disseminates or captures personal data to another person is sentenced to imprisonment from two to four years.
2. You can apply to the “data controller” of the relevant institution determined in accordance with the KVKK and request our rights listed in Article 11 of the KVKK regarding your personal information.
3. By entering the Message Management System (https://iys.org.tr), you can view the institutions that you have given commercial electronic communication permission and change the communication permission settings.
4. You can make a complaint to the Personal Data Protection Board (https://sikayet.kvkk.gov.tr).
5. If you have a material/moral damage related to illegal access to your contact information, you can file a lawsuit for damages in civil courts.

IMPORTANT: Before you act, there are some things you should know about the concept of personal data:

Before taking action against the persons and institutions in question, on the concept of personal data as a citizen, we need to know:

• Personal data includes any information relating to an identified or identifiable natural person.
• Personal data cannot be processed without the explicit consent of the person concerned.
• Personal data can only be processed without seeking the explicit consent of the person concerned, in the presence of one of the conditions listed in Article 5 of the KVKK:

a) It is clearly stipulated in the laws.
b) It is compulsory for the protection of the life or physical integrity of the person or another person, who is unable to express his consent due to actual impossibility or whose consent is not legally recognized.
c) It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract.
ç) It is mandatory for the data controller to fulfill its legal obligation. d) The person concerned has been made public by himself.
e) Data processing is mandatory for the establishment, exercise or protection of a right.
f) Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

Let us remind you of your rights for the parties holding your data:

Everyone, by applying to the data controller;

a) Learning whether personal data is processed or not,
b) If personal data has been processed, requesting information about it,
c) Learning the purpose of processing personal data and whether they are used in accordance with its purpose,
ç) To know the third parties to whom personal data is transferred in the country or abroad,
d) Requesting correction of personal data in case of incomplete or incorrect processing,
e) Requesting the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7,
f) Requesting notification of the transactions made pursuant to subparagraphs (d) and (e) to third parties to whom personal data has been transferred,
g) Objecting to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems,
ğ) To request the compensation of the damage in case of loss due to unlawful processing of personal data,
has rights.

As a result, we see how important personal data is, that it is strictly protected by the law, and that broad rights are granted to individuals in the face of possible data breaches. For this reason, as an individual We must know and embrace these rights and initiate the necessary legal processes against those who violate them.

Mr. We would like to thank Lawyer Samet Şener for his support.