Unlawful processing of personal health data and liability for compensation in comparative law

All kinds of information about the physical and mental health of individuals and information about the health services provided to the person are called personal health data. These data are considered as special categories of personal data in both European Union and Turkish law and are protected under stricter conditions than ordinary personal data, as they are information that may lead to very severe consequences if processed unlawfully without the consent of the person. Nowadays, our personal health data are processed when we apply to health institutions for treatment or during a job application or within the scope of an employment contract, but data controllers have an obligation to protect the data they process. As a result of the unlawful processing of these data, material and moral compensation liability arises. In our study, the legal regulations on personal health data in Turkish and EU law, the elements and legal nature of personal health data, the principles to be followed in the processing of these data and the processing conditions are examined. The claim for pecuniary and non-pecuniary damages arising from the unlawful processing of personal health data is examined in a comparative manner by examining domestic and foreign court decisions in terms of contractual liability and tort liability. Keywords: Personal data, personal health data, GDPR, KVKK, material and moral damages liability