Algorithm

Scope

An algorithm is a technical concept and is not defined in statutes; some regulations, however, attach obligations to the transparency of algorithms. Under additional Article 4 of Law No. 5651, the reports submitted to the Presidency (Başkanlık) by social network providers whose daily access from Türkiye exceeds one million also include information on their algorithms relating to content that is promoted or whose reach is reduced; these providers are obliged to disclose on their websites which parameters they use when offering recommendations to users (add. Art. 4/4). The Presidency may request any kind of explanation, including on algorithms, from a social network provider (add. Art. 4/18); following the amendment made by Law No. 7590, the Presidency in Law No. 5651 means the Cyber Security Presidency (Siber Güvenlik Başkanlığı) (Art. 2). In terms of intellectual property, Law No. 5846 on Intellectual and Artistic Works regards computer programs as works of science and literature but does not regard the ideas and principles that form the basis of any element of a program as works (Art. 2).

Practical significance

In areas such as pricing, credit assessment, recruitment, content ranking and ad targeting, algorithms can produce consequences for individuals. If an algorithm processes personal data, the principles in Law No. 6698 of compliance with the law and good faith, accuracy and purpose limitation (Art. 4) apply; the data subject may object to a result that arises against them from the analysis of their data exclusively by automated systems (Art. 11/1-g). In targeted advertising, the consumer must also be given information on the criteria by which the advertisement is shown (Regulation on Commercial Advertising and Unfair Commercial Practices, Art. 25/A). Documenting which data an algorithm uses and for what purpose is important both for these obligations and for proof in any disputes.

Commonly confused concepts

Not every algorithm is artificial intelligence: according to the recitals of the EU Artificial Intelligence Regulation, systems that automatically execute operations solely according to rules defined by natural persons are not AI systems; the feature that distinguishes artificial intelligence is the capability to infer. An algorithm is also not the same as a computer program: a program is an algorithm expressed in a particular code and may be protected by the Law on Intellectual and Artistic Works, whereas the ideas and principles underlying the program are not protected. Profiling is a specific activity in which algorithms are used on personal data.