Dülger Law Office/Publications/Commentary
The Council of State's Decision Annulling the Personal Data Provision of the Regulation on the Provision of Home Health Care Services by the Ministry of Health and Its Affiliated Institutions, and an Assessment
(Sağlık Bakanlığı ve Bağlı Kuruluşların Evde Sağlık Hizmetlerinin Sunulmasına Dair Yönetmelik'in Kişisel Verilere İlişkin Hükmünün İptal Edilmesine İlişkin Danıştay Kararı ve Değerlendirmesi)
Introduction
This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.
The legislation enacted and the developments that have taken place in the field of personal data protection have brought this field further into our lives with each passing day. Every day new proceedings on the subject begin, judicial authorities give decisions or a new point of debate arises. This contributes both to the development of personal data protection law and to its being more readily applied by lawyers, and to the formation of public awareness of the need to protect personal data. This is because the subject is still so new that even legal practitioners are seen to have difficulty with it.
One of the best examples showing that the subject has gradually begun to be understood, by the judicial authorities in particular, and that an awareness of data protection has formed is the annulment decision on this subject recently given by the 15th Chamber of the Council of State. The decision rightly and appropriately emphasised that the protection of personal data is guaranteed by a provision of the Constitution and that this field may be regulated only by statute. Course of the Proceedings. In the case that gave rise to the decision, the Turkish Medical Association brought an action against the Ministry of Health before the Council of State. It sought the annulment of the whole of the “Regulation on the Provision of Home Health Care Services by the Ministry of Health and Its Affiliated Institutions”, which entered into force on publication in Official Gazette No. 29280 of 27 February 2015, on the grounds that it had no statutory basis and was deficient, and the annulment of certain of its articles on the ground that they were unlawful.
Related publications
Dülger, Murat Volkan / Gümüş, Gülçin, Personal Data Protection Law (Kişisel Verilerin Korunması Hukuku), 4th ed., Seçkin Publishing, Ankara, 2026.
Dülger, Murat Volkan, Legislation on Information Technology, Personal Data Protection and Internet Communication (Bilişim, Kişisel Verilerin Korunması ve İnternet İletişimi Mevzuatı), 7th ed., Seçkin Publishing, Ankara, 2021.
Dülger, Murat Volkan, “The Use of Bulk Data and Metadata in Preventive Policing and Intelligence Work from the Standpoint of Human Rights, Personal Data Protection and Criminal Procedure Law” (İnsan Hakları, Kişisel Verilerin Korunması ve Ceza Muhakemesi Hukuku Açısından Önleyici Kolluk Hizmetleri ve İstihbari Çalışmalarda Toplu Veri ve Metadata Kullanımı), conference presentation, 2026.
Dülger, Murat Volkan, “Lawyers' Obligations under the KVKK in the Light of the Board's Decisions” (Kurul Kararları Işığında Avukatların KVKK Yükümlülükleri), conference presentation, 2025.
Dülger, Murat Volkan / Gümüş, Gülçin, “The Right to Be Forgotten”, Essays in Honour of Prof. Dr. Yadigar İzmirli (Prof. Dr. Yadigar İzmirli'ye Armağan), 2024.