In recent years, with the spread of internet use, the importance of data privacy has increased. The importance of the protection of personal data, both nationally and internationally, has begun to be supported by legally critical sanctions.
Previously considered only a part of private life, this data is now considered important information of legal importance, worthy of protection. As a result, personal data has ceased to be treated as a whole and grouped and protected individually according to the degree of sensitivity and importance.
Especially after the Covid-19 pandemic, the importance of personal health data evaluated as special quality has increased greatly, and the evaluation, use and protection of personal health data in the international sphere has acquired a different dimension compared to other data. The main reason for this is the unique nature of the Covid-19 epidemic. Among the factors that trigger this transmission, almost all health information is listed, such as diseases to which people are genetically predisposed, their existing illnesses and their physical condition. This situation has further increased the importance of personal health data when it comes to combating the Covid-19 virus, and many different opinions have emerged regarding the protection of this data.
Personal health data are referred to internationally by names such as sensitive data or special types of data and are considered in the category of 'personal data of special qualification'. The reason for the consideration of this personal data as special is that the privacy of private life and the protection of his privacy in accordance with the wishes of the person are qualified as the fundamental right of the person.
Personal health data is, in fact, the totality of all physiological and psychological diseases, disorders and examinations by physicians that a person has experienced in the past and present. This data is stored in systems such as e-pulse in Turkey. With the consent of the persons, this data is accessible only to physicians and persons with the express consent of the person.
Personal health data are protected within the scope of KVKK by Law No. 29863. In this law, which consists of 7 sections, it is clearly stated in which cases and to what extent the health data of individuals will be shared by whom.
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