The civil liability for not protecting of personal health data

The subject matter of our study is to determine the rules relating to the protection of the personal health data and the civil liability for the breach of these rules. In this sense, the general principles of data processing, the conditions for legitimate data processing, the rights of data subject and the obligations of data controller regarding to protection of personal health data have been examined in this study. Following the judicial remedies for violation of personal health data protection right of the data subject have been explained comprehensively within the frame of civil law rules. The subjects and the legal basis of the liability have been explained as well. This study is handled especially within the scope of the provisions of the Law on the Protection of Personal Data numbered 6698, the Regulation on the Personal Health Data and some related provisions in the field of medicine law. These rules have been examined from a comparative perspective with the provisions of the Directive 95/46/EC and GDPR when required. Furthermore, this study includes the decisions of the European Court of Human Rights and the Board of Protection of Personal Data.