AI and Data Protection

The use of artificial intelligence (AI) technologies by businesses has raised new legal questions in the field of personal data protection. Today, companies use AI technologies in customer service, analysis systems, human resources processes, marketing activities and automation applications.

However, because AI systems are data-driven, it has become important to know for what purposes personal data is processed, to which systems it is transferred and how legal obligations are to be fulfilled in these processes.

The relationship between AI and the Law on the Protection of Personal Data No. 6698 (KVKK) is not only a matter of data security. It also requires a comprehensive assessment in terms of transparency, legal basis, data minimisation, the rights of the data subject (ilgili kişi), automated decision-making and the obligations of data controllers (veri sorumlusu).

Why Does the Use of AI Matter under KVKK?

AI systems usually work by using large amounts of data. This data may include personal information, customer records, employee information, user behaviour or data relating to business processes.

When a company starts using an AI tool, it is not simply using a technological tool; it is also creating a new data processing activity.

For this reason, before using AI, it should be assessed which data will be used, for what purpose this data will be processed and what the legal basis is.

Personal Data Risks in ChatGPT and Similar AI Tools

As generative AI tools become widespread in companies, one of the most significant risks is employees unknowingly transferring personal or confidential information to these systems.

For example, an employee uploading customer information, contract contents, employee records or internal company documents to an AI tool may cause legal problems in terms of data security and confidentiality.

For this reason, companies need to set clear rules on employees’ use of AI and regulate which information may be transferred to AI systems.

Who Is the Data Controller in AI Systems?

An important issue under KVKK is determining who the data controller is in a process where AI is used.

If a company uses AI as part of its own activities, it may qualify as the data controller, depending on the purposes for which and the methods by which personal data is processed.

Technology providers from which AI services are obtained, on the other hand, may assume different legal roles depending on the model of use. The responsibilities of the parties therefore need to be assessed clearly.

Use of Personal Data in AI Training

Large data sets may be used when developing and improving AI models.

Whether the data used in these processes contains personal data, on which legal conditions it is processed and how the rights of data subjects will be protected are among the important issues for legal assessment.

In particular, the lawfulness of the data sources used to train AI systems is important with regard to disputes that may arise in the future.

AI and Transparency in Data Processing

One of the basic principles of KVKK is that personal data processing must be carried out for specified, explicit and legitimate purposes.

In AI systems, however, it is not always easy to understand how decisions or analysis results are reached, which requires a specific assessment from the perspective of transparency.

Giving people sufficient information about how their data is used by AI systems is important for lawful data processing.

AI and Automated Decision-Making

The use of AI in decisions that affect people’s lives is also of particular importance under KVKK.

Algorithms used in areas such as credit assessments, recruitment systems, customer analyses or risk assessments may directly affect people’s rights.

In such processes, it is legally important on the basis of which data people are assessed, how the decision mechanism works and whether there is human intervention.

Data Security in AI Systems

In systems that use AI, data security is not limited to conventional security measures.

It should be assessed in which systems data is held, what security standards third-party service providers apply, who has access rights and how likely data leaks are.

Data security responsibility should be addressed carefully, especially where companies use outsourced AI services.

Transfer of Data Abroad in AI Services

Many AI services are offered by foreign technology companies. This may give rise to important legal questions regarding the transfer of personal data abroad.

The data processing infrastructure of the AI tool, the location of the servers and the service provider’s data use policies should be examined.

When choosing an AI service, companies need to assess not only its technical features but also its data protection aspects.

Employees’ Use of AI and KVKK Policies

In corporate AI use, employee behaviour is a significant area of risk.

It should be determined which tools employees may use, which information they may share and in which situations approval must be obtained.

In this context, preparing internal AI use policies is an important preventive legal approach to data security.

AI and Personal Data Breaches

If, during the use of AI systems, personal data is exposed to unauthorised access, transferred to the wrong persons or used unlawfully, a data breach may arise.

In this case, companies may have obligations to detect and assess the breach and to carry out the required notification procedures.

For this reason, AI systems should be assessed regularly in terms of data security.

The AI and KVKK Compliance Process for Companies

To achieve KVKK compliance, companies using AI first need to identify their current areas of use.

It should be analysed which AI tools are used, which data is processed, how data flows take place and what relationships exist with third parties.

The necessary policies, contracts, information notices and security measures should then be put in place.

A Data Protection Approach for the Age of AI

AI technologies offer important opportunities for businesses. However, for these technologies to be used safely and sustainably, they must be addressed together with data protection principles.

KVKK compliance is not an obstacle to the use of AI; it is one of the basic conditions for reliable, transparent and responsible use of technology.

For companies using AI to do well in the future, they will need not only technological capacity but also strong data management and a legal compliance framework.