Legal AlertNewsThe Constitutional Court Rendered a Decision Concerning an Allegation that the Right to Request the Protection of Personal Data within the Scope of the Right to Respect Privacy Has Been Violated.

29 March 2022
The Constitutional Court Decision dated 03.02.2022 and numbered 2019/20473 published in the Official Gazette dated 18.03.2022 and numbered 31782 (“Decision”) pertains to the allegation that right to request the protection of personal data within the scope of the right to respect to privacy has been violated.

The allegations of the applicant (“Applicant”) are as follows:
  • Premarital medical records and health data of the Applicant have been seized illegally by the Applicant’s spouse, whose divorce case continues, 
  • The Applicant’s spouse works as a doctor and reached the records of the hospital which he is not an employee of by abusing his profession. 
  • The use of personal data seized without the Applicant’s consent in the divorce case may not render the spouse’s act in accordance with the law,
  • The Applicant claims that her right to fair trial, respect of privacy and the protection of personal data have been violated. 
The Constitutional Court stated that the information regarding the Applicant’s health status and personal hospital records must be deemed as information related to an identified natural person, and seizing, using, and processing of related information shall be within the scope of the right to protection of personal data.
As a result of its evaluation, The Constitutional Court decided that: 
  • The right to demand the protection of personal data which is secured by the Constitution has been violated.
You can access the full Turkish text of the Decision via the link below.