The Personal Data Protection Board (“Board”) rendered a decision dated 03.09.2020 and numbered 2020/667 (“Decision”) regarding a complaint of the data subject complainant (“Complaint”) for the request of the data controller insurance company (“Data Controller”) to obtain explicit consent for the renewal of the health insurance policy arranged on behalf of their family and thus the proceeding allegedly violates the Personal Data Protection Law numbered 6698 (“PDP Law”).
Through its evaluation within the framework of the Complaint, the Board determined that (i) personal data related to health and sexual life can only be processed with the explicit consent of the data subject under Article 6, sub-clause 3 of the PDP Law, (ii) that the health data included in the health insurance policy are deemed to be personal data of special nature and cannot be processed without the explicit consent of the data subject under Article 6, sub-clause 3 of the PDP Law.
Following its abovementioned determinations, the Board decided that the proceeding subject to the Complaint does not constitute a violation of the PDP Law and therefore, there is no procedure to be established under the PDP Law.
You may reach the full Turkish version of the Decision via the link below.
