KVKK article 11/g: The person concerned has the right to object to a result that is unfavorable to him/her. Critical for AI decisions.
Automated Decision Examples
- Loan application rejection (by algorithm)
- HR CV screening (AI scanning)
- Insurance premium calculation
- Algorithm-based advertising targeting
- Identity verification with facial recognition
- Fraud detection
Relevant Person Rights
- Learning that you are the subject of an automatic decision
- Receiving information about its logic
- Requesting human intervention
- Objecting to the decision
- Requesting an explanation
GDPR Article 22
- The right not to be subject to a completely automatic decision
- Including profiling
- Exceptions: contractual, prescribed by law, explicit consent
- It is also a precedent in Turkish law
Sectoral Impact
- Credit: the reason for rejection should be explained
- HR: Human evaluation is required after AI screening
- Insurance: the basis of premiumization should be explained
- E-commerce: dynamic pricing should be transparent
KVKK Board Approach
KVKK Board, artificial intelligence It emphasizes the principles of "transparency" and "human control" in its applications, and accepts violations in case of victimization in fully automated critical decisions.
What Companies Should Do
- The algorithm must be explainable
- Human intervention mechanism
- Bias test
- Regular audit
- Possibility to explain to the relevant person
KVKK and technology law lawyer recommended.