Amendments to the Regulation on Personal Health Data Dated 3 December 2025

The Regulation Amending the Regulation on Personal Health Data was published in the Official Gazette dated 3 December 2025 and entered into force on the same date.

The notable amendments introduced by the Regulation are summarized as follows:

• The requirement for powers of attorney to contain an explicit consent clause regarding the processing and transfer of special categories of personal data for attorneys’ access to health data has been abolished. Accordingly, attorneys’ access will be evaluated within the framework of general provisions on powers of attorney and the Personal Data Protection Law. However, the obligation to provide and display records of past health data is conditioned upon the fulfilment of the processing requirements applicable to special categories of personal data.

• The definition of a “caregiver” has been added to the section on definitions. The access period for healthcare personnel has been expanded, while the provision granting family physicians unlimited access has been preserved. The access of the examining physician and other physicians within the relevant healthcare provider will continue until the completion of the healthcare service. In emergency department admissions, all emergency physicians will be authorized to access data until the patient is discharged.

• Within the scope of e-Nabız security settings, individuals who have disabled access preferences may have their historical data accessed through the sharing of a phone verification code. In cases such as detention or imprisonment, the verification code requirement will not apply, and access will be granted to the family physician and the examining physicians. The Ministry shall be held responsible for any service disruptions or damages arising in situations where the conditions for data processing are met.

• Significant innovations have been introduced regarding access to the health data of children and persons with disabilities. During divorce proceedings, the parent with temporary custody will be able to access the child’s health data, while after the divorce, the parent with final custody will retain this right. The non-custodial parent may, upon request, view only limited information concerning the child’s health status, with location and contact details removed. In addition, caregivers of individuals who hold disability reports have been granted access authorization.

• The retention period for health data relating to deceased individuals has been extended from 20 years to 30 years.

• The wording of certain provisions in the Regulation has been amended, and several articles have been repealed. The amendments have entered into force, and matters concerning implementation shall be carried out by the Ministry of Health.

You may access the full text of the Regulation at the following link:

https://www.resmigazete.gov.tr/eskiler/2025/12/20251203-2.htm