Doctors and healthcare personnel are obliged to keep secret the information they learn about the patient.
Legal Basis
- Law No. 1219 on the Execution of Medicine and Medicine Arts
- KVKK art.6 (personal data of special nature)
- TCK art.258 (disclosure of secrets related to duty)
- Medicine ethics
Scope of the Secret
- Disease diagnosis
- Treatment methods
- Health history
- Family information
- Conversations
Situations in which the Secret Can Be Revealed
- Written permission of the patient
- Court decision
- Epidemic disease notification (Ministry of Health)
- Forensic medical examination
- Sharing for the benefit of the patient (informing next of kin)
Sanctions in Case of Violation
- TCK art.258: 1-3 years imprisonment
- Professional discipline (TTB) - warning, reprimand, ban from profession
- KVKK administrative fine
- Compensation (TBK article 49)
Typical Violation Scenarios
- Sharing patient information on social media
- Asking an acquaintance: "How is person X?" question and answer
- Unauthorized personnel viewing files
- Researching ex-lover/spouse information
Supreme Court 4th HD and 12th CD
4. HD and 12th CD adopt that medical secret violations will be punished with both penalties and non-pecuniary damages, and that heavy compensation will be awarded, especially in permanent violations such as "social media sharing".
Health and KVKK law lawyer is recommended.