Is the “WHO” Application Used by the Minister of Interior Legal?

Speaking to BBC Turkish, lawyer Umut Zorer said that the data processing process in the “KİM” application, shown by the Minister of Interior, is completely unlawful.

the past day Interior Minister Süleyman Soylu In a video where he was a guest, the application he installed on his personal phone became the agenda on social media. The application in question detected the identity of any citizen whose image was taken in less than two seconds and presented their information.

“Never shown before”WHOThis application, named ”, was also created by Minister Soylu as “Something more precious than WhatsAppdefined as ”. The application received backlash on social media for allegedly violating personal data protection law.

The response to these reactions came from an expert:

Speaking to BBC Turkish, IT and Personal Data Protection Lawyer Umut Zorer made important statements about the application. Zorer claimed that the Ministry of Interior’s processing of sensitive personal data of citizens is against the current laws in Turkey.

According to Zorer, personal data can only be processed with the explicit consent of the person and stipulated in the law, within the scope of the Law on the Protection of Personal Data No. 6698 adopted in 2016.

  • Although some institutions are excluded from the law in this regard, the Ministry of Interior is not excluded by law.

“There may be arrangements for the explicit assignment of certain institutions. For example, processing within the scope of preventive, protective and intelligence activities or judicial processes carried out by public institutions and organizations that have been given duties and powers by law is excluded from the scope of KVKK.

For example, the National Intelligence Organization (MIT) security intelligence or prosecution offices are excluded from the law with this regulation.

The Ministry of Internal Affairs, on the other hand, has no such authority, duty or exception defined in the laws.”

The Ministry of Interior’s processing of this data is “totally unlawful”

who application

As we mentioned, the application reflects the information of a person on the screen by processing a single image of that person. Hence, in the image personal biometric data being analysed. Comparisons are made with previously processed data.

Here is the processing of biometric data, according to Zorer, “special categories of personal data” is included. These data are defined by the following terms within the scope of the law:

“Genetic data of individuals regarding their race, ethnic origin, political thought, philosophical belief, religion, sect or other beliefs, disguise and dress, membership to associations, foundations or unions, health, sexual life, criminal convictions and security measures.”

According to Zorer, the processing of the data in question is “dangerous as the risk of discrimination is true”. Zorer, the processing of this data Because it’s “totally unlawful” He also underlines the need for prosecutors to intervene in the matter immediately.

The only response wasn’t because of the processing of the data:

Another reaction was not about the processing of the data, but about the device on which this data was displayed and transferred. All data belonging to citizens in Turkey, produced by the US-based Apple on iPhone model phone showing, the app was running on this device.

The reactions were that this situation could create a security vulnerability for Türkiye.

There has been no official statement regarding either reaction so far.


source site-37