Regulation on the Process of Verifying the Identity of the Applicant in the Electronic Communication Sector

Pursuant to the ‘Regulation on the Process of Verifying the Identity of the Applicant in the Electronic Communications Sector’ (‘Regulation’), which was published in the Official Gazette dated 26.06.2021 and will enter into force on 31.12.2021; the procedures and principles regarding the process to be applied in order to verify the identity of the applicant in case the documents regarding the subscription agreement, number porting application, operator change application, qualified electronic certificate application, registered electronic mail application and SIM change application are issued electronically in the electronic communications sector are regulated.

In these days when the effective date is approaching, we wanted to remind you of the innovations that the Regulation, which was issued by the Information and Communication Technologies Authority in the Official Gazette dated 26.06.2021, will bring to practice.

The Regulation, which is in parallel with the Regulation on Remote Identification, prohibits the practice, which is widely used in the electronic communication sector, of operators/service providers to receive the biometric data of individuals, which are considered to be of special quality in the LPPD, electronically by means of an electronic pen or similar method (Art. 10/2).

Although the relevant regulation aims to ensure that the applicant’s transactions are carried out in a safe and effective manner, to prevent suspicious transactions involving security risks such as forgery and fraud, to take into account national and international standards and to observe consumer rights and interests, it can be interpreted that the use of biometric data is still considered excessive and its application is not permitted.

In this respect, we believe that it is very important for data controllers who process biometric data in their businesses for different reasons to re-evaluate their relevant practices in line with this innovation and apply alternative ways.

Pursuant to Provisional Article 1 of the Regulation, in relation to electronic documents containing personal data such as pressure, acceleration and similar qualities obtained through the electronic pen created for subscription agreements, which were made before 31.12.2021, the burden of proof of the date of issuance of the document with the time stamp and the burden of proof in case of objection in administrative and judicial processes regarding transactions that give rise to liability and/or criminal liability to the party to the transaction document or a third party will be on the operator / service provider.

To summarise, it will be possible to say that as of 2022, the relevant persons will not be able to come with an electronic pen to be used in contractual processes by companies and the relevant practice will disappear into the dusty pages of history.

Like the Remote Identification Regulation, which is said to eliminate the wet signature requirement today, this Regulation eliminates the use of biometric data via electronic pen for identification in contractual processes.

As GRC Legal Law Office, our opinion is that such regulations will become more frequent with the high-speed development of technology. Do not forget to follow our page in order not to miss similar articles!