The Personal Data Protection Board (''Board'') has published its decision dated 28.09.2021 and numbered 2021/980 regarding the COVID-19 PCR Test Result and Vaccine Information sharing requests.
The reason for this announcement is the applications filed with the Board about how to proceed within the framework of the Personal Data Protection Law No. 6698 (‘‘Law’’) regarding COVID-19 PCR test result and/or vaccine information requests.
The first paragraph of Article 28 of the Law establishes the types of personal data processing activities that will be exempt from the Law's application and scope.
In this context, the Board declared that Covid-19 PCR Test result and/or Vaccine information:
- that is processed within the scope of activities carried out by public institutions and organizations (under subparagraph (ç) of the first paragraph of Article 28 of the Law), the provisions of the Law shall not be applied,
- personal data processing activities which are outside of the activities carried out by public institutions and organizations or that exceed this purpose will be within the scope of the Law.
In summary, considering the effects of the Covid-19 epidemic on health, social life and the economy worldwide, personal health data related to Covid-19, such as vaccine status and PCR test result, within the scope of combating this epidemic; It has been declared by the Board that it is inevitable to process such data to protect public health, public security and public order.