Protection of children's personal data and consequences of contradiction to this

There are no spesific provisions in The Law Nr. 6698 regarding the processing or protection of children's personal data. Therewithal, since children have the same "personality" and "rights of personailty" as adults from the moment they were born pursuant to Civil Law, they can benefit from the provisions of the Turkish Civil Code to the extent permitted by law. The most important factor that gives legitimacy to the processing of personal data is the explicit consent of the data subject. However, since the Law Nr. 6698 does not contain any provisions on how and by whom explicit consent can be given in terms of personal data processed regarding children; under all circumstances than the exceptional data processing activities designated in the second paragraph of Article 5 of the relevant Law, it will be necessary to seek a solution in accordance with the general provisions of the Turkish Civil Code and the rules of custody law in order for the data processing activity to be deemed as lawful. In Turkish Law, in order to be able to evaluate whether children's explicit consent to the processing of their personal data can be obtained from them, first of all, concepts of "ability to distinguish" and "personal rights"; after that in the light of this concepts, the issue of children's "capacity to act" will need to be evaluated. Also, in cases where children's personal data are processed unlawfully, it will be necessary to evaluate the matter of how they can exercise lawsuit to personal rights and right to apply to data controller and complain to the Board in accordance with Law Nr. 6698, again in the light of the respective concepts and children's capacity to act.