Evaluation Of The Announcement Regarding The Covid-19 PCR Test Result and Vaccine Information Application By The Personal Data Protection Board 01 October 2021
The Decision of the Personal Data Protection Board (Board) dated 28/09/2021 and numbered 2021/980 was shared with the public, along with the announcement published by the Personal Data Protection Authority (“The Authority”) on 28.09.2021. We share our reviews below on the aforementioned decision about how to follow the Personal Data Protection Law (Law) No. 6698 regarding PCR test and/or vaccine information requests in order to prevent the spread of the Covid-19 epidemic disease, which continues to show its effect all over the world and in our country.
The Decision of the Personal Data Protection Board (Board) dated 28/09/2021 and numbered 2021/980 was shared with the public, along with the announcement published by the Personal Data Protection Authority (“The Authority”) on 28.09.2021. We share our reviews below on the aforementioned decision about how to follow the Personal Data Protection Law (Law) No. 6698 regarding PCR test and/or vaccine information requests in order to prevent the spread of the Covid-19 epidemic disease, which continues to show its effect all over the world and in our country. |
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What are the Reasons that Drive the Board to Take This Decision? |
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As it is known, in the letter dated 20.08.2021 sent by the Ministry of Internal Affairs to the 81 Provincial Governorships and to the relevant Ministries for information; In order to minimize the risk posed by the epidemic in terms of public health and public order, it has been made obligatory for the people who want to participate in activities such as concerts, cinemas, theaters and public transportation vehicles to report Covid-19 vaccine information and/or PCR test information with negative results. |
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Likewise, in the letter dated 02.09.2021 sent by the Ministry of Labor and Social Security to 81 Provincial Governorships and to the relevant Ministries for information, within the scope of protective and preventive measures against health and safety risks that may be encountered in workplaces; It has been stated that workers who are not vaccinated against Covid-19 may be required by the workplace/employer to have a PCR test taken once a week, and the test results will be recorded in order to take necessary actions. |
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The Board made the relevant decision by referring to the circulars issued by the above-mentioned public institutions and due to a vast number of questions inclusive of these circulars. |
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How Should the Processing Purposes and Quality of Personal Data to be Processed Be Evaluated Within This Period? |
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It is stated by the Board that exactable Covid-19 vaccine and PCR test information, which are mentioned in the circular, are related to the health status of the individuals, and are in the category of special quality personal information according to Article 6 of the Law, and therefore the data should be processed in accordance with the given processing conditions in the same article.
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