Physicians' obligations of confidentiality and criminal liabilities within the scope of patient privacy

In this study, the confidentiality obligations of physicians arising from patient privacy and their corresponding criminal liabilities have been examined. In the first section, human rights, health, and patient rights were investigated before delving into the concept of privacy. In the second section, the concept of privacy was discussed, with particular emphasis on the detailed examination of personal health data and the shortcomings in the Law on the Protection of Personal Data were criticized. The third section focused on the confidentiality obligations of physicians, exploring exceptional circumstances where this obligation may be exempted. In the fourth section, the potential criminal liabilities for physicians in case of breaching the duty of confidentiality were addressed, and certain criticisms were raised by referring to articles 135, 136, 137, and 138 of the Turkish Penal Code. In the final section the privacy rights of HIV/AIDS patients were highlighted and the lack of binding regulations that leave physicians in an ethical dilemma regarding the disclosure of the disease to spouses or prospective spouses were discussed.