PDPL (Personal Data Protection Law)
CLARIFICATION AND EXPLICIT CONSENT TEXT REGARDING THE PROTECTION OF PERSONAL DATA
I, Professor Cengiz Açıkel, MD, may need to get your personal information and health data in order to be able to carry out the services that I will provide to you, and to record and store such information to the extent required by the service to be provided.
Your health data that we have to record in order to be able to provide you with health services are considered as special categories of personal data by law. In this context, since personal health data can only be recorded with the explicit written consent of the person except for the special conditions specified in the law, according to the provision stated as “It is prohibited to process special categories of personal data without explicit consent of the data subject” in paragraph 2 of Article 6 of the Law on Personal Data Protection Law No. 6698, it is obligatory for us to obtain this explicit consent from you.
- The scope of this consent text includes your personal data that you gave us verbally, in writing, visually or electronically during your examination, and your personal data that you transmitted to us via the Internet and mobile applications or other electronically means or your personal data that we obtained during our practice (analysis result, prescription, photograph, etc.).
- In this sense, the types of information considered as personal data include especially the personal health data necessary for the performance of the services we will provide and that we obtain for this purpose; your name, surname, TR identity number, (or your passport number or temporary TR identity number if you are not a Turkish citizen); your various identity documents showing your identity data such as place and date of birth, marital status, gender information; your contact details such as your address, telephone number, e-mail address; your financial data such as your bank account number, IBAN number; your medical history written in your clinical file, information on your medical history, your examination data, and data on the procedures performed for you; information about your prescriptions, photos, all kinds of images, audio/camera records; data on your health and sexual life obtained during the medical diagnosis, treatment and care services such as your laboratory and imaging results and test results; data on your private health insurance, your data regarding the Social Security Institution, etc.
- The purposes for processing your personal data, which are included in the data categories listed above, include Carrying Out Emergency Management Processes, Carrying Out The Activities In Accordance With The Legislation, Performing Financial And Accounting Procedures, Ensuring Physical Space Security, Following-Up And Performing Legal Procedures, Carrying Out The Communication Activities, Carrying Out/Supervising The Business Activities, Carrying Out The Occupational Health/Safety Activities, Providing After-Sale Services For Goods/Services, Carrying Out The Sales Processes Of Goods Or Services, Carrying Out The Production And Operation Processes Of Goods/Services, Carrying Out The Customer Relationship Management (CRM) Processes, Carrying Out Activities Intended For Customer Satisfaction, Carrying Out Organization And Event Management Activities, Carrying Out Storage And Archiving Activities, Managing The Contract Processes, Following-Up The Requests / Complaints, Providing Information To Authorized Persons, Institutions And Organizations, Creating And Tracking Visitor Records.
- Your personal data will be recorded only to the extent required by the health service to be provided to you in accordance with the Personal Data Protection of Law No. 6698 and the relevant legislation, and will be stored in our system/archive ‘…for a period of time no longer than necessary for the fulfillment of the purposes for its recording, and limited to a 10-year statute of limitations. In this context, your data processed will be protected as professional secrets and their confidentiality will be ensured, and when they are requested by government institutions and organizations such as the Ministry of Health (Exam Information Management System), Ministry of Finance, and Ministry of Justice within the framework of current laws and regulations, the requested data will be shared with the competent authorities provided that the disclosure will be limited to the data requested. If your treatment will be given in a hospital, your personal data will also be shared with the relevant hospital. Your data will not be shared with any other third parties/institutions/organizations.
- However we remind you that it may be necessary to notify the competent authorities, limited to the purpose and in a reasonable manner in cases where the privacy of personal medical records is restricted for the protection of public health, as in the example of “obligation to report communicable diseases to the competent authorities” regulated in Article 58 of the General Sanitary Law No. 1593, your personal data or in cases of legal obligation such as the obligation to report crimes.
- All kinds of audio recordings, camera recordings, photographs and laboratory information that I have created during your diagnosis and treatment can be used in scientific meetings, scientific publications or in interviews and correspondences intended for providing information to patients, provided that your identity remains confidential.
- Regarding your data recorded by us, you will have the following right as per the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS. No. 108), Article 8 of the European Convention on Human Rights, Article 20 of the Constitution, and the Turkish Personal Data Protection Law no. 6698:
- To learn whether your personal data are processed or not, and know the scope of your data processed;
- To demand for information as to if your personal data have been processed, to access these data, and to get sample from them;
- To learn the purpose of the processing of your personal data and whether these personal data are used in compliance with the purpose; to know whether they have been transferred to third parties in the country or abroad; to request that the changes in your personal data be notified to the persons or institutions to whom the data have been provided;
- To request the rectification of the incomplete or inaccurate data, if any.
- (The consentee informed us that this right can be exercised, by coming personally to our clinic at Barbaros Mahallesi Ihlamur Bulvarı Sarkaç Sokak Ağaoğlu My Prestige İş Merkezi No:1 Kat:2 Daire:9-10, 34746 Ataşehir/İstanbull, or by making a written application.)
- By ticking the KVKK box in the contact form, you hereby agree and confirm all the explanations mentioned above and you’re your communication via our website or email address is not encrypted or completely secured, so your personal information may be obtained by unauthorized persons and you cannot hold Professor Cengiz Açıkel, MD responsible for such acts.
EXPLICIT CONSENT TEXT
I hereby accept and confirm that I have read and understood the Clarification and Explicit Consent Text On the Processing of Personal Data prepared by Professor Cengiz Açıkel, MD;
I have been informed about the purposes for which my personal data is processed, the methods and legal reasons for the collection of my data, my rights regarding the protection of my personal data, mandatory situations that may require the transfer of my data to others, data security, and my rights to apply, which are detailed in the Clarification and Explicit Consent Text On the Processing of Personal Data;
All my personal data including my health data can be recorded, stored, and shared by Professor Cengiz Açıkel, MD and his employees in the mentioned situations within the framework of the principles specified above;
In addition, in cases where required for my medical diagnosis and treatment, my physician can share my data with his colleagues for the purpose of consultation or with supplier companies when a special product is needed for me, to the extent required by the purpose.
I also hereby ACCEPT WITH MY EXPLICIT CONSENT that Professor Cengiz Açıkel, MD can contact me by mobile means, via the Internet or by sending mail to my address, etc.