The positive grounds of protection of personal health data and examples of ECHR judgements

The protection of personal information and private lives of individuals gets more importance due to the fact that the awareness has increased on the protection of human rights and the fast improvement on informational Technologies. Illegal usage of personal health data described as "Sensitive Data" both violates the confidentiality of the individuals' private lives and prevents their usage of health rights which are constitutional. Recording, taking hold of or sharing the personal health data illegally can cause especially contrast to "human honor" and unequal treatment on some concrete events. For example, in case an individual's "coded information" is not kept secret by the administration who is a carrier of HIV (this person is not diagnosed yet, just a carrier of the virus); s/he may not take the health care due to the risk of exclusion after his/her illness being revealed in the society. This will cause the patient's usage of his/her health right to be prevented and social problems such as the risk of spreading the HIV to the society. Because of this; the public benefit and private benefit of an individual originating from health right will be evaluated in terms of "moderation principle" in every concrete situation. In our study; the legal responsibility of the administration originated from illegal usage of individual's personal health data and the precautions that must be taken by the administration to protect the personal health data are examined in terms of positive law and examples of ECHR judgements. Our study is prepared by searching and evaluating our country's Constitution, International Laws, Law of Protecting Personal Data numbered 6698 (KVKK), other laws, doctrine and literature about the specific subject. Keywords: Health Right, Personal Health Data, Secrecy of Private Life, The Judgements of ECHR on the Right of Respect to Private and Family Life, Protecting Data.