|Personal Data Protection Board (“Board”) rendered a decision (“Decision”) dated 30/09/2021 and numbered 2021/993 on the issuing an inadvertent invoice on behalf of the data subject by the data controller courier company.
Pursuant to the Decision, although the data subject have not been provided any services from the data controller, an invoice has sent to her/his e-mail address by the data controller courier company. In query made with the cargo shipping code, it was understood that the invoice belongs to the cargo transaction which is delivered to a company and the name, surname, address, e-mail address, identification number included in the invoice are transferred to the company which made the purchase. It was stated to the data subject that she/he applied to the data controller regarding the issue and in the answer, it was stated that the invoicing process is inadvertently made on behalf of the data subject and data was in the archives of the companies within the scope of the agreement signed between a public institution professional organization and the data controller, which enables members of the relevant professional organization to benefit from discounted shipping fees. Data subject has applied to Personal Data Protection Authority (‘’Authority’’) on the grounds that the personal data was processed by the data controller without relying on any of the legal processing requirements and the request for the deletion of the personal data of the data subject was not fulfilled by the data controller.
As a result of the complaint, the Board made the following evaluations,
In the light of its evaluations, the Board decided, to impose an administrative fine on the data controller due to processing of personal data by issuing invoices to the data subject without any legal basis; since the data controller is required to keep the processed personal data for certain periods in accordance with the relevant legislation, there is no illegality in not fulfilling the request for the deletion of the personal data of the data subject.
You may reach the full Turkish version of the Decision via the link below.