Within the scope of the Law on the Protection of Personal Data No.6698, health institutions have been imposed with many obligations and fines in case of breach of these obligations. Making a statement on the subject Hunting. Burcu Kırçıl, He emphasized that in order to ensure correct and complete KVKK compliance, support should be obtained from KVKK Consultants, which are competent and expert legal and technical teams.
Although it is advantageous to access personal health data quickly and to provide services in a more efficient and planned manner with digitalization, the fact that access to personal health data has become extremely easy reveals the need to pay attention to the health regulations of the Personal Data Protection Law No. 6698.
Pointing out that the Regulation on Personal Health Data is regulated in the relevant Law in order to determine the procedures and principles in the protection of personal data. Kırçıl Law Firm Founder and Manager Av. Burcu KırçılIn this context, he emphasized that public hospitals, private health institutions, private practices, hair transplant centers, medical-surgical aesthetic clinics, dialysis centers, dieticians, dentists, pharmacies and other health sector stakeholders are responsible for the requirements of the Law on the Protection of Personal Data.
Fines were imposed
Stating that many liabilities and fines are imposed on health institutions under the law in case of violation of these obligations. Hunting. Burcu Kırçıl, “With the Law on Protection of Personal Data, as a purpose; In the processing of personal data, it is to protect the fundamental rights and freedoms of individuals, especially the privacy of private life, and to regulate the obligations of natural and legal persons who process personal data and the procedures and principles to be followed. Under the Law, Personal Data of Special Nature is considered as an area that should be avoided. Personal data refer to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, costume and dress, association, foundation or union membership, health, sexual life, criminal conviction and security measures. biometric and genetic data. It is forbidden to process sensitive personal data without the express consent of the person concerned. However, personal data related to health and sexual life can be processed by persons under the obligation of secrecy or authorized institutions for the purpose of protecting public health, preventive medicine, medical diagnosis, treatment and care services, planning and managing the financing of health services, health services, without the express consent of the relevant person. . ” said. Hunting. Burcu Kırçılexplained that the board defines a long process for businesses that process personal data, public institutions and organizations, and health sector components to fulfill their obligations. Stating that the Board has increased the awareness by taking extension decisions many times and acted tolerantly in the relevant period regarding penal sanctions. Hunting. Burcu KırçılHe said that even during this period, health sector components were subjected to a penalty.
Emphasizing that in order to ensure correct and complete KVKK compliance, it is necessary to get support from KVKK Consultants, where competent legal and technical teams are hosted. Hunting. Burcu Kırçıl“It is an undeniable fact that the information and data collected in the health sector have greater sensitivity and importance compared to other sectors. Because health data have an important and confidential place in people's lives. Even in daily life, transferring health data to others is not a preferred situation. From this point of view, the legislator has placed health data under the special quality data category, and has included an application different from the processing of personal data of general nature for processing special quality data. " He spoke in the form.
Hunting. Burcu Kırçıl, Explaining that the pandemic process experienced with the Covid-2020 epidemic disease in our country and in the world in 19 caused the expansion of services in the health sector with virtual treatments and a digital transformation, “Those who have health problems other than Covid 19 can also use e-doctor, online doctor, started to receive video or audio services with home care appointment system, video health consultancy services. In addition to hospital appointments for tests, some tests are also performed at home have become common practice. Personal data such as saving time, reducing human resource costs, reducing the likelihood of being infected without going out, and storing images and sound, and uploading the results of previous tests and tests to the system during the interview can be obtained with these applications. Considering that the payments are made with the credit card mail order method and 3D security system in the liquidation of the costs of the health service, many data are shared with the health service providers. This situation brings with it the risk of experiencing an illegal process in the processing, storage and transfer of personal data. " he spoke.
What should be done to avoid penalties?
- The data definition should be clearly defined.
- Accessibility, retention, masking and protection policies should be established by restructuring management strategies.
- Network segmentation, firewalls, special security systems that prevent cyber attacks and encryption technologies should be used to ensure the security of data and institution.
- Cooperation should be made with data centers that have sufficient equipment, competence and certifications for the storage and management of data.
- Negligence and violations should be prevented with awareness training of personnel who are in contact with data.
Hunting. Who is Burcu Kırçıl?
Hunting. Burcu KIRÇIL started his professional activities in 2002, when he graduated from Ankara University Faculty of Law. In accordance with his experience in practice, Av. Kırçıl in 2007, it was authorized individually "callact" is a call center company by establishing case of Turkey's leading banks and clients operating in many different areas, including companies, serves in advisory and enforcement. In addition to his law profession, which he has been continuing for more than 2015 years, he also acts as a “specialist mediator”.