Year: 2023
Type: article
Abstract: According to the Personal Data Protection Act No. 6698, the processing of health data is classified as a special category of data and is subject to a different status than other data. In this context, according to the legislation, health data cannot be processed without explicit consent, and as an exception to this rule, health datamay only be processed, without seeking explicit consent of the data subject, by the persons subject to secrecy obligation or competent public institutions and organizations, for the purposes of protection of public health, operation of preventive medicine, medical diagnosis, treatment and nursing services, planning and management of health-care services as well as their financing, without the explicit consent of persons. At workplaces, health data of employees are processed pursuant to the requirements of the Labour Code No. 4857, the Occupational Health and Safety Act No. 6331 and the Social Insurance and General Health Insurance Law No. 5510. In this context, it is necessary to consider and evaluate the “secrecy obligation” in order to establish explicit consent and exceptions. In our study, we have dealt with persons who are subject to the obligation of secrecy under regulations relating to confidentiality.
Source: DergiPark (Istanbul University)
Author: Evci Eralp, Özge
Institution: Başkent University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4390417825