Turkey’s Employer Pharmacists Syndicate has recently announced that they have filed a lawsuit on 15.08.2019 before the State Council under the file number 2019/10238 in request for a stay of execution and nullity of Articles 5/4, 6/1 and 14 set forth under Turkish Regulation on Personal Health Data published on the Turkish Official Gazette dated 21.06.2019 and numbered 30808.
Article 5/4 states that physical, technical and administrative measures shall be taken by the healthcare service providers in order to prevent the presence of unauthorized persons in the sections such as counters, booths, and tables or the persons who receive service next to each other from hearing, seeing, learning or collecting each other’s personal data.
Article 6/1 regulates that persons in charge of performing healthcare service can access to the health data of the data subject only within the scope of the necessity of the healthcare service to be given.
Article 14 states that the terms and conditions set forth under the Turkish Regulation on Deletion, Destruction and Anonymizing of Personal Data which has been prepared by the Turkish Data Protection Authority due to the Article 7 of the Turkish Personal Data Protection Law and published on the Turkish Official Gazette dated 28.10.2017 numbered 30224 shall apply for the disposal of personal data.
Turkey’s Employer Pharmacists Syndicate claims that the regulations above shall disrupt the functioning of the pharmacies and are impossible to perform. In Turkey, when people visit the pharmacies in order to purchase any kind of drugs, they explicitly state their personal data (i.e. name, surname, national ID number, the medicines to be purchased) Compliance of the pharmacies to the provisions remarked above may require massive physical changes to be fulfilled.