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  3. Chapter 2 (Art. 4 - 9) Processing of Personal Data
  4. Article 6 - Conditions for processing of personal data of special nature

Article 6 - Conditions for processing of sensitive data

(1) Personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other belief, clothing, membership to associations, foundations or trade-unions, health, sexual life, convictions and security measures, and the biometric and genetic data are deemed to be sensitive data.

(2) Repealed

3) (Amended: 2/3/2024-7499/33) The processing of special categories of personal data is prohibited. However, the processing of such data is permitted in the following cases:

  • a) If there is explicit consent from the data subject,
  • b) If it is explicitly stipulated by laws,
  • c) If it is necessary to protect the life or physical integrity of the data subject or another person who is unable to give consent due to actual impossibility or whose consent is legally invalid,
  • ç) If it is related to personal data that has been publicly disclosed by the data subject, provided that it aligns with the intention of disclosure,
  • d) If it is necessary for the establishment, exercise, or protection of a legal right,
  • e) If it is necessary for the protection of public health, preventive medicine, medical diagnosis, treatment, and care services, as well as the planning, management, and financing of healthcare services by persons or authorized institutions and organizations under the obligation to maintain confidentiality,
  • f) If it is necessary for fulfilling legal obligations in the fields of employment, occupational health and safety, social security, social services, and social assistance,
  • g) If it concerns foundations, associations, and other non-profit organizations or entities established for political, philosophical, religious, or trade union purposes, provided that it is in compliance with the legislation they are subject to and in line with their objectives, limited to their area of activity, and not disclosed to third parties, for the benefit of their current or former members, affiliates, or persons who have regular contact with such organizations or entities.

(4) It is stipulated that adequate measures determined by the Board are also taken while processing the sensitive data.