After the Court Decision on the Social Security Institution's Sale of Personal Health Data Became Final: Can Personal Health Data Be Sold?

22 February 2018Murat Volkan DülgerCommentary

Introduction

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

As the importance of the right to the protection of personal data has come to be understood, new developments on the subject occur every day. We see that these developments generally come about either through new legislation or through decisions given in disputes brought before the courts. In recent times in particular, the protection of personal data has been the subject of many cases. I attribute this both to the increase in interferences with and violations of this right and to the fact that individuals are gradually becoming aware of the subject. Today it is not possible to avoid encountering dangers that may result in a violation of the right to the protection of personal data. For today’s technology and world of information make this unavoidable.

Nevertheless, the danger can be reduced to a minimum through extensive legislation and case law capable of responding, in particular, to the disputes that arise in concrete cases. Court decisions are extremely important in this respect. One of the latest developments on the subject is that the Social Security Institution (SGK) made the personal health data it holds an object of sale, and that this has been proved by a court decision. The events giving rise to the case began when A.A., a CHP member of parliament, announced through the press the allegation that the SGK had sold health data. According to the allegation, the SGK had sold personal health data, for a certain price, to a company owned by the former member of parliament B.İ. The same allegation was then voiced by Ö.Ö., a CHP member of parliament, this time on a television programme. Faced with these allegations, the owner of the company, B.İ. …