Av. Sevcen CAN & Av. Yasemin ÇORAK
In our previous article, we explained the conditions for processing of personal data according to the Law on the Protection of Personal Data (“LPPD” or “Law”) (Please see…) In this article, we will explain the concept of personal data of special nature, in other words, sensitive personal data and its processing conditions.
Concept of sensitive personal data is defined in the Law as personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other belief, clothing, membership of associations, foundations or trade-unions, information relating to health, sexual life, convictions and security measures and the biometric and/or genetic data. Sensitive personal data is limited by the Law and they cannot be extended.
Obtaining of sensitive personal data is more risky than the other personal data when the case of violation of the personal rights occurs. For this reason, sensitive personal data is protected more strictly than the others. As a result, it is prohibited to process the sensitive personal data without explicit consent of the data subject. However, sensitive personal data, excluding those relating to health and sexual life, may be processed without seeking explicit consent of the data subject, in the cases settled for by laws. Sensitive personal data relating to health and sexual life may only be processed, without seeking explicit consent of the data subject, by any person or authorised public institutions and organizations that have confidentiality obligation, 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.
Conditions for processing of sensitive personal data are limited under the LPPD and they cannot be extended.
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In our next article, we will explain transfer of personal data (Please see…)
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