Data Minimisation and “The Reasonably Be Fulfilled by Alternative Means Test”: A Comparative Study of Turkish And EU Approaches

This paper analyses data minimisation principle under the GDPR and Türkiye’s TDPL. It centers “the reasonably be fulfilled by alternative means test”: can a purpose be met with less intrusive processing? Using decisions of the Turkish Data Protection Board, the CJEU, and national authorities, it finds a consistent duty to priorities less intrusive options and clarifies minimizations’ interplay with consent. Some bodies demand exploring alternatives; others stress contractual freedom, exposing a tension between autonomy and regulation. The paper argues that even explicit consent cannot displace data minimisation: disproportionate or unnecessary processing remains unlawful. It calls for a nuanced, rights-oriented approach that safeguards dignity and fundamental rights.