(Processing and Protection of Personal Data)
(SUMMARY TEXT)
This Policy aims to make regulations regarding the processing of personal data and special personal health data by ÖZEL ORTAÇ AĞIZ VE DİŞ ŞAĞLIĞI, which are obtained directly or arising from legal, commercial or financial relations of the health institution named ÖZEL ORTAÇ AĞIZ VE DİŞ ŞAĞLIĞI with patients, their relatives, personnel and real or legal persons with whom it communicates and interacts, within the scope of the 6698 numbered PDPL Law and the PDPL Policy Book, and to determine, declare and announce the conditions to be followed.
Sensitive data, also known as special personal data, are of a nature that could lead to discrimination or excessive victimization of the person concerned if they are learned, and therefore they need to be protected much more strictly and with special methods than other personal data within the scope of the legislation and this KVK Policy. These data are processed with the explicit consent of the person concerned or in limited cases specified in the law.
For this reason, as ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI, we process special personal data only with the explicit consent of the relevant person. Processing of special personal data is also possible in the following cases, apart from the explicit consent of the relevant person: Special personal data other than health and sexual life, but only in cases stipulated by law, personal data related to health and sexual life can be processed by persons or authorized institutions and organizations under the obligation of confidentiality for the purposes of protecting public health, carrying out preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and their financing.
ÖZEL ORTAÇ AĞIZ VE DENİŞ SAĞLIĞI also takes into consideration and implements technical and administrative measures to ensure a level of security appropriate to the sensitivity of such data in the processing of such data, in accordance with the Decision No. 2018/10, dated 31/01/2018, of the KVK Board regarding the “Adequate Measures to be Taken by Data Controllers in the Processing of Special Personal Data”.
ÖZEL ORTAÇ AĞIZ VE DENİŞ SAĞLİĞİ, in accordance with the Decision No. 2018/10 dated 31/01/2018 of the KVK Board regarding “Adequate Measures to be Taken by Data Controllers in the Processing of Personal Data of a Special Nature”, based on the provision in Article 6/4 f of the KVK Law stating that “In the processing of personal data of a special nature, it is also necessary to take adequate measures determined by the KVK Board”;
In addition to the measures mentioned above, technical and administrative measures are also taken to ensure the appropriate level of security specified in the Personal Data Security Guide published on the KVK Authority’s website.
1) General Principles and Basics
ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI acts in accordance with all the principles in the relevant legislation, especially the general principles in Article 4 of the KVK Law, within the framework of the provisions of Article 5 et seq. of the KSVH Regulation in the processing of personal health data.
No one will be forced to provide or show a record of their past health data, except in cases where it is necessary for the provision of health services.
The necessary physical, technical and administrative measures are taken by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI to prevent unauthorized persons from being present in sections such as counters, tellers and tables, and to prevent service recipients in close proximity from hearing, seeing, learning or obtaining each other’s personal data.
OZEL ORTAÇ ORAL AND DENTAL HEALTH applies the necessary partial de-identification or masking measures on printed materials containing patient personal health data, such as analysis and examination results, and takes other measures to make it difficult to determine who the material belongs to in the event that it falls into the hands of unauthorized persons.
Everyone can use the rights set forth in Article 11 of the Personal Data Protection Law by applying to OZEL ORTAÇ AĞIZ VE DENŞİ SAĞLIĞI.
In the application to ÖZEL ORTAÇ ORAL AND DENTAL HEALTH, the provisions of the VSBUH Communiqué prepared by the KVK Institution and published in the Official Gazette dated 10/3/2018 and numbered 30356 shall be complied with.
In fulfilling the obligation to inform, ÖZEL ORTAÇ AĞIZ VE DENTAL SAĞLIĞI acts in accordance with the provisions of Article 10 of the KVK Law and the AYYGE Communiqué prepared by the KVK Institution and published in the Official Gazette dated 10/3/2018 and numbered 30356.
2) Access to Personal Health Data
Access to the health data of individuals in the database is provided within the framework of their own privacy preferences.
The persons concerned are informed in detail about the privacy preferences and their consequences. ÖZEL ORTAÇ AĞIZ VE DENTAL HEALTH has no responsibility for any disruptions or damages that may occur in the provision of health services due to the privacy preference and the inability to view past health data.
The health data of the relevant person who does not have an account in the database can be accessed for the exceptional purposes set out in the third paragraph of Article 6 of the Personal Data Protection Law, but only for the following purposes: (a) By the family physician to whom the person is registered, without any time limit; (b) By the physician with whom the person has made an appointment to receive health services, provided that it is limited to the day the appointment is made and until the transactions directly related to the health service received are completed; (c) By the physicians working at the health service provider to which the person has entered to receive health services, provided that it is limited to a period of twenty-four hours; (d) By the physicians working at the health service provider to which the patient is admitted, until the patient is discharged from the health service provider.
The relevant privacy preference is provided through the database to individuals who do not want their past health data to be accessed by anyone. The past health data of individuals who use this privacy preference can only be accessed if the code sent to the telephone number declared by the individual is shared with the physician and entered into the system by the physician.
Personal health data that has a higher level of privacy and carries the risk of negatively affecting people’s social life and mental health if seen and known by others are determined by the Ministry, and moderate restrictions may be imposed on healthcare personnel’s access to this data.
The Ministry’s unit managers individually determine the persons authorized to match the health data sent by OZEL ORTAÇ AĞIZ VE DENTAL SAĞLIĞI to the central health data system in an anonymized manner with the persons they belong to through the relational database and request the authorization of these persons from the General Directorate. The manager of each unit may request the authorization of a maximum of three persons from his/her own unit.
Users authorized by the General Directorate upon the request of the unit manager may use this authority only within the scope of the planning and management of health services and their financing, as well as their supervisory and regulatory duties, in accordance with the principles of personal data protection legislation.
The boundaries of the purpose of planning and managing health services and their financing are determined by the duties assigned to the relevant unit in legal and administrative regulations.
Parents can access their children’s health records held by OZEL ORTAÇ AĞIZ VE DENŞ ŞAĞLIĞI through the database without the need for any approval. Children with the power of discernment can request their parents’ access to their health history through the database with permission.
In the event of divorce between parents, the party who is not left with custody rights may access the health data of the child in accordance with the personal data protection legislation and within the limits determined by the General Directorate, taking into account the interests of the child and the guardian.
In sharing personal health data processed by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI with patients’ relatives, the third paragraph of the 18th article of the HH Regulation published in the Official Gazette dated 1/8/1998 and numbered 23420 shall be complied with, in a manner that does not constitute a violation of the principles of the Personal Data Protection Law.
Lawyers cannot request the health data of their clients processed by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI with a general power of attorney. The power of attorney prepared for the transfer of the health data of the client to the lawyer must contain a special provision indicating the explicit consent of the relevant person regarding the processing and transfer of their special personal data.
The legal heirs of the deceased are individually authorized to obtain the health data of a person processed by ÖZEL ORTAÇ AĞIZ VE DENŞ ŞAĞLİĞİ but who later died, by presenting the certificate of inheritance. The health data of a deceased person is stored for at least 20 years.
3) Concealment, Correction, Destruction and Transfer of Personal Health Data
The provincial health directorate shall fulfill the requirements of the warrant sent by the judicial authorities to conceal the data of the persons for whom a confidentiality decision has been made. The process established by the provincial health directorate is directly reflected in the Identity Sharing System. All necessary technical and administrative measures shall be taken to ensure that confidentiality decisions are known only to those who need to know due to their duties.
The relevant person shall apply to the provincial health directorate to which the ÖZEL ORTAÇ AĞZ VE DENŞ ŞAĞLIĞI is affiliated in order to correct the health data created about him/her by mistake. If the provincial health directorate reaches the information that the health data was created by mistake as a result of the investigation it will conduct in the relevant ÖZEL ORTAÇ AĞZ VE DENŞ ŞAĞLIĞI, it shall apply to the General Directorate with an official letter and request the correction of the health data created by mistake. The process to be established by the General Directorate shall also be carried out in the ÖZEL ORTAÇ AĞZ VE DENŞ ŞAĞLIĞI’s own database. The General Directorate determines the date on which the health data created by ÖZEL ORTAÇ AĞZ VE DENŞ ŞAĞLIĞI can be corrected by itself and updates this date according to the need. The health data created after this date determined by the General Directorate shall be processed by the relevant ÖZEL ORTAÇ AĞZ VE DENŞ ŞAĞLIĞI; Health data created before this date will be corrected by the General Directorate upon the request of the relevant provincial health directorate.
In the destruction of personal health data processed by ÖZEL ORTAÇ AĞIZ VE DEN ŞAĞLIĞI, the provisions of the KVSH Regulation prepared by the KVK Institution in accordance with Article 7 of the KVK Law and published in the Official Gazette dated 28/10/2017 and numbered 30224, as well as the KVSİ Policy prepared and put into effect by ÖZEL ORTAÇ AĞIZ VE DEN ŞAĞLIĞI, are complied with.
The personal health data processed by ÖZEL ORTAÇ AĞIZ VE DENŞ ŞAĞLİĞİ shall be transferred domestically in accordance with Article 8 of the KVK Law, and shall be transferred abroad in accordance with Article 9 and the provisions of this KVK Policy regarding data transfer.
4) Processing for Scientific Purposes and Open Health Data
Scientific studies can be conducted with personal health data that has been made anonymous by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI within the scope of subparagraph (b) of the first paragraph of Article 28 of the Personal Data Protection Law.
Within the scope of subparagraph (c) of the first paragraph of Article 28 of the Personal Data Protection Law, personal health data may be processed for scientific purposes within the framework of technical and administrative measures to be taken by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI, provided that it does not violate the privacy or personal rights of the relevant persons or does not constitute a crime.
The procedures and principles regarding the provision of public access to data in the systems used by the central and provincial organizations of the Ministry and its affiliated and related institutions by the General Directorate, taking into account the regulations on data privacy and data security, to ensure transparency and accountability in the health system, to guide policies and strategies regarding the provision of health services, to support scientific research to be conducted in the field of health and to ensure the development of health-related products and services, are determined by the Ministry through a website specifically allocated to this subject.
5) Data Security
Regarding the personal health data processed by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI, the data security obligations set forth in Article 12 of the KVK Law and the rules set forth in this policy are complied with. In taking technical and administrative measures, the Personal Data Security Guide prepared by the KVK Institution is taken as basis.
In case the processed personal data is obtained by others through illegal means, the notification to be made by ÖZEL ORTAÇ AĞIZ VE DİŞ SAĞLIĞI to the KVK Board will be based on the provisions of the KVK Law, the regulatory procedures of the KVK Board regarding this matter and this KVK Policy.
Information security processes carried out in the central units and provincial organizations of the Ministry and in affiliated and related organizations are determined by the Information Security Policies Directive prepared by the General Directorate.
In addition, in the processing of special personal health data by ÖZEL ORTAÇ AĞIZ VE DENİŞ SAĞLIĞI, the sufficient measures included in the secondary regulations made by the KVK Board in accordance with the fourth paragraph of Article 6 and subparagraph (ç) of the first paragraph of Article 22 of the KVK Law are complied with.
Obligation to Disclose
Within the scope of the Law No. 6698 on the Protection of Personal Data (KVKK) that entered into force on 07.04.2016, the personal data and special personal health data processed by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI during the relations of patients, their relatives, employees and also the real or legal persons with whom they communicate and interact, must be put under a legal order due to the obligations and requirements brought by the legislation.
ÖZEL ORTAÇ AĞIZ VE DENTAL HEALTH pays utmost attention and care to the principles of personal data security and confidentiality of patients, their relatives, personnel and the relevant persons with whom they communicate and interact. During the provision of services, priority is given to the personal data security of the relevant persons.
In accordance with the provisions of the above-mentioned law, any personal data (including special personal data) that can be related to a real person is considered as personal data within the scope of the KVK Law. These personal data are processed by ÖZEL ORTAÇ AĞIZ VE DİŞ SAĞLIĞI, as the Data Controller, with the methods detailed below and within the limits prescribed by the legislation.
“Processing of Personal Data” refers to any operation performed on data, such as obtaining, recording, storing, preserving, changing, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of these data, either fully or partially by automatic means or, provided that it is part of any data recording system, by non-automatic means.
Purpose and Legal Basis for Processing Personal Data
Personal data may be collected electronically or physically by ÖZEL ORTAÇ AĞIZ VE DENTAL SAĞLIĞI, in accordance with the legislation, by automatic or non-automatic methods, such as registration to the platform, telephone, fax, e-mail, SMS and other social media channels, mobile applications, in writing or verbally, including audio and video recording.
Within the framework of Article 5 of the KVKK No. 6698
Sharing and Transfer of Personal Data
Personal data of the relevant person may be shared and transferred by official institutions and organizations in cases deemed mandatory by the legislation, with domestic/international solution partners, project partners, program and cooperation partners, supplier companies, institutions and organizations, independent auditing organizations, banks and financial institutions, other companies, individuals and organizations from which assistance and support are received, and consultancy firms such as lawyers, financial advisors, law, IT, quality and finance consultants, and ÖZEL ORTAÇ AĞIZ VE DİŞ ŞAĞLIĞI, by taking the necessary electronic and physical security measures. These sharing and transfer transactions are also valid for abroad.
ÖZEL ORTAÇ AĞIZ VE DENTAL SAĞLIĞI may transfer, process and store the personal data of the relevant person in other electronic environments such as storage, archiving, servers receiving information technology support, hosting companies, programs, cloud computing located in Turkey or in other countries, especially in EU countries, USA, UK, provided that the necessary security measures are taken.
Method of Collection of Personal Data
Personal data of the relevant person; all contracts/information forms and other documents signed with approval and/or acceptance, approval, acceptance and notifications made with electronic approval and/or signature, ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI administrative center, physical environments, call centers, websites, mobile applications, internet transactions, social media and other public areas, user interviews, scanning of judicial records, market research, Identity Sharing System, SMS, digital applications made to websites, mobile applications, written/digital applications made to sales teams, call center, etc. methods, and data obtained verbally, in writing, visually, in audio recordings or in electronic environments through which the relevant person is contacted or may be contacted in the future are collected fully or partially automatically or as part of any data recording system and stored by taking into account the statute of limitations in accordance with the relevant legislation.
Personal data collected by ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI for the above-mentioned legal reasons may be processed or transferred in line with the previously explained purposes of this policy, taking into account the personal data processing conditions specified in Articles 5 and 6 of the Personal Data Protection Law No. 6698.
User Rights
(According to Article 11 of the Personal Data Protection Law No. 6698)
Regarding their personal data, the relevant persons can send their personal data to ÖZEL ORTAÇ AĞIZ VE DENTAL SAĞLIĞI via the e-mail address below;
1) Learning whether it has been processed or not,
2) Requesting information if it has been processed,
3) Learning the purpose of processing and whether it is used in accordance with its purpose,
4) Knowing the third parties to whom the data is transferred domestically or abroad,
5) Request correction if it is processed incompletely/incorrectly,
6) Requesting the deletion, destruction or anonymization of personal data if the reasons requiring the processing of personal data are eliminated,
7) Request notification of the actions taken against third parties to whom the data was transferred, in accordance with the above-mentioned clauses (5) and (6),
8) Object to any adverse results arising from analysis by exclusively automated systems,
9) To request compensation in case of damages due to unlawful processing.
And has other rights written in the legislation.
The Data Controller to whom Applications can be made within the scope of the Law is ÖZEL ORTAÇ AĞIZ VE DENTAL SAĞLIĞI. The Data Controller is the person registered in the VERBİS system at www.kvkk.gov.tr.
Within the scope of the rights specified above, the relevant person may send his/her requests, complaints and suggestions to the address of ÖZEL ORTAÇ AĞIZ VE DENŞ SAĞLIĞI given below, by applying in person or through a notary public or by specifying the e-mail address given by the user during the account opening and registered on the website, to the e-mail address given below.
Applications must include name, surname, Turkish identity number, residence or workplace address for notification, mobile phone number, e-mail address and the subject of the request, and information and documents related to the request must also be attached to the application.
The official language for correspondence with ÖZEL ORTAÇ AĞIZ VE DENTAL HEALTH is Turkish. Therefore, it is essential that all applications, correspondence, problems, complaints and suggestions are written and sent in Turkish.
If the application is sent in writing and physically, the signature must be in wet ink.
Responses to requests, problems, suggestions and complaints are not subject to a fee as a rule. However, if there is an expense, charge or other cost related to the response to be given, OZEL ORTAÇ AĞIZ VE DENŞAĞLIĞI reserves the right to request fees within the scope of KVK Regulations or the tariff determined by other authorities.
For more detailed information or for your problems, requests, suggestions and complaints regarding the Personal Data Protection Law, please contact us at the contact address below.
You can also obtain the KVK Policy book from ÖZEL ORTAÇ AĞIZ VE DENTAL HEALTH.
For your physical and written applications:
INSTITUTION / BUSINESS
TITLE.
ADDRESS E-MAIL PHONE
SPECIAL INTERMEDIATE DIAGNOSIS AND
DENTAL HEALTH
Meydankavagi Mah.
1595. Sok. No:6A,
Muratpasa/Antalya,
Türkiye
info@sundentclinic.com +90 242 321 0 786
+90 506 037 70 37
Contact us to learn about your oral health concerns and schedule an appointment.
