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SPECIALLY QUALIFIED PERSONAL
DATA PROCESSING
CONDITIONS

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Special categories of personal data, in case of learning
discrimination against the person concerned or
data that may cause harm.
Therefore, it is much more stringent than other personal data.
must be properly protected.
The law attaches special importance to these data and
introduces a different regulation regarding the data.
The law does not include them as sensitive personal data or sensitive data.
accepted as data. Specially qualified personal
data with the express consent of the person concerned or in the Law.
can be processed in the limited cases listed.
The law also includes a special category of personal data.
made the distinction. Accordingly, health and sexual life
personal data and other special quality
personal data may be processed without express consent.
regulated the situations differently.
Special categories of personal data in the law, limited counting
determined through. These; race, ethnicity
origin, political thought, philosophical belief, religion, sect
or other beliefs, disguise, association, foundation

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or union membership, health, sexual life, punishment
data on conviction and security measures
with biometric and genetic data. special qualification
personal data can be extended by comparison
is not.
It should be noted that all fundamental rights and freedoms
protection of sensitive personal data
It is not absolute, as in other rights and freedoms.
as limited. This limitation of the Constitution
In accordance with the principles set out in Article 13
needs to be performed. Therefore, special
What exactly is the processing of qualified personal data?
can be carried out in accordance with the circumstances and conditions
It is stipulated in the law. Indeed, the right to life
freedom of expression, freedom of communication
enjoyment of fundamental rights and freedoms,
requires the processing of personal data. It
In this regard, the processing of special categories of personal data
can be considered an absolute prohibition.
is not.

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According to the law, in case of express consent, personal
data can be processed. In addition, according to the law, special qualifications
processing of personal data, express consent of the person concerned
It is also possible in the following cases:
• Special qualifications other than health and sexual life
personal data, only as required by law
cases,
• Personal data on health and sexual life, but
public health protection, preventive medicine,
medical diagnosis, treatment and care services
administration, health services and financing
secrecy for the purposes of planning and managing
persons or authorized persons
by institutions and organizations
can be processed.

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In addition, in the Law, special categories of personal data
determined by the Board,
required to take adequate measures.

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Processing Conditions
Contact Person Open
consent

Provision of Law

Scope

Sample

contact person open
consented

clinical trials
within the scope

to be

of volunteers
obtaining consent.

Health and sex life
other than personal

Employee's
unionism

data of the person concerned personal information
without seeking consent
in the file
can be processed. Tax
Laws, Labor Law,

According to the legislation
must be kept.

Turkish Commercial Code
etc. tighter precision
data processing conditions.
public health
protection,

public health
protection, protective

doctor's patient
committed about

preventive medicine,
medical diagnosis,

medicine, medical
diagnosis, treatment and

health data.

treatment and care
of your services

care services
with the execution

with the execution
health services

health services
planning, management

planning,
management and

and financing
for the purpose of secrecy

financing

under the obligation
persons or
authorized institution and
by organizations
processing

Table: Processing Conditions of Special Quality Personal Data

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Nasuh Akar Mah. 1407. Street No:4 06520
Balgat-Çankaya/Ankara // www.kvkk.gov.tr
Tel: 0 (312) 216 50 50 // Fax: 0(312) 216 50 52

