Is it possible to process personal data manually?

The topic of processing personal data has become a topic that needs to be learned as the law increases the importance that data protection attaches to data protection day by day. In our article, in which we examine this issue in detail, we have in mind primarily “what does it mean to process personal data? “Let's start by answering the question.

What does the processing of personal data mean?

The acquisition of personal data by fully or partially automated means or by non-automatic means provided that they are part of any data recording system is considered to be the processing of personal data.

Once the personal data is obtained, it is treated as the processing of personal data in all types of operations carried out on the data, such as recording, rearranging, disclosing, transferring, storing, retaining, changing, acquiring, making available, classifying or preventing its use.

Any activity carried out in the process up to the deletion, destruction or anonymization of personal data after the collection of personal data in accordance with the form specified in the laws is considered to be the processing of personal data within the scope of the law.

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What are the requirements for the processing of personal data?

Within the scope of Articles 5 and 6 of the Law, there are mandatory principles that must be observed in the processing of personal data. On the other hand, the presence of personal data of a special nature in any of the following requirements, which are regulated in accordance with the principles of the law, constitutes a sufficient legal requirement for the processing of personal data. Below are the requirements necessary for the processing of personal data.

1. The presence of explicit consent of the person concerned
2. It is clearly stipulated in the law,
3. It is necessary to process personal data belonging to the parties to the contract, provided that it is not possible to declare his consent due to the actual impossibility of expressing his or her consent or not legally validity,4. It is necessary to process personal data belonging to the parties to the contract, provided that it is directly related to the establishment or execution of a contract,
4. Obligation of the data controller in order to be able to fulfill its legal obligation,
5. that it has been publicized by the person concerned himself,
6. data processing is mandatory for the establishment, exercise or protection of a right,
7. Mandatory processing of data for the legitimate interests of the data controller, provided that the fundamental rights and freedoms of the data subject are not infringed.

What are the basic principles in the processing of personal data?

In relation to Article 4 of the Law, there are mandatory principles that must be observed in the processing of personal data. These principles have been recognized in international documents and in the practices of many countries. Accordingly; the general principles that are considered in the processing of personal data in the law are as follows:

• compliance with the law and the rules of honesty,
• be accurate and up to date when necessary,
• processing for specific, explicit and legitimate purposes,
• be connected, limited and measured with the purpose for which they are processed,
• retention for as long as is required by the relevant legislation or for the purpose for which they are processed.

What is the processing of personal data by fully or partially automated or non-automated means?

Although automatic processing of data is not fully defined in the law, the justification states that “today these data are frequently used by both the private sector and the public sector through information systems by automated means.” It is stated that indirect automated processing is activities carried out through information systems. In this context, data processing by fully or partially automated means can be described as follows.

The need for human intervention or assistance is minimized and the recording of data can be called automatic or partially automated methods, such as applying logical or arithmetic operations, changing, deleting, retrieving or transferring data.

The processing of personal data by non-automated means based on a data recording system, on the other hand, refers to the processing activity prepared manually but which facilitates access and meaning. The law does not completely exclude the processing of data by non-automated means.

Data processing by non-automated means is recognized within the scope of the law, provided that it is part of a data recording system. The law here refers to it as a classification that facilitates access to and make sense of information, even if it is prepared by manual methods. Any pile of information is not counted under the law. For example, the systematic registration of the names and surnames of persons in a notebook according to a certain criterion is considered a data processing activity under the law.

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