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Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law

Sayı: 1 29 Mart 2026
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Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law

Öz

With the digitalization of healthcare services, the management of medical records and the protection of personal health data have become areas of increasing legal and institutional responsibility for private hospitals. Because medical records contain highly sensitive information relating to an individual’s physical and mental integrity, they constitute a category of data that requires an enhanced level of protection within the scope of the right to respect for private life and personality rights. This has made ensuring data security and privacy alongside the provision of healthcare services a fundamental obligation for private hospitals. This review addresses, through a holistic approach, the legal liability framework concerning medical records management and the protection of personal health data in private hospitals, in light of applicable legislation, academic doctrine, and national and international case law. Within the scope of the study, national and international sources published between 2000 and 2025 were reviewed; Law No. 6698 on the Protection of Personal Data and relevant health legislation, decisions of the Court of Cassation and the Constitutional Court, and the European Court of Human Rights’ judgment in Z v. Finland were systematically examined. The review examines the legal nature of medical records, patient privacy and confidentiality, the obligations of private hospitals as data controllers, and their areas of institutional responsibility. It demonstrates that the shared emphasis across legislation, doctrine, and case law is the adoption of a preventive, accountability-oriented, and human-rights-based approach to medical records management. In conclusion, managing medical records in private hospitals in a lawful and secure manner is essential not only for safeguarding patient rights but also for reducing institutional risks.

Anahtar Kelimeler

Etik Beyan

Not applicable. As this study is a review article, ethics committee approval was not required.

Kaynakça

  1. Republic Of Turkey Presidency Legislation Information System. Law No. 6698 on the Protection of Personal Data. Official Gazette 2016; 5(57): 29677. Düstur 5th Series, Vol. 57. Available from: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6698&MevzuatTur=1&MevzuatTertip=5. Accessed January 3, 2026.
  2. Korkmaz I. An assessment of the law on protection of personal data. Türkiye Barolar Birliği Dergisi 2016;124: 81-152.
  3. Alçın AA. Personal health data in Turkish law and the administration’s obligation to protect per-sonal health data. Türkiye Adalet Akademisi Dergisi 2022; 51: 365-410.
  4. Durmuş V. Kişisel Sağlık Verilerinin Korunmasında İdarenin Hukuki Sorumluluğu. Dokuz Eylül Üniversitesi Hemşirelik Fakültesi Elektronik Dergisi 2021; 14(1): 67-76.
  5. Öget M. Responsibility of Private Health Institutions about Keeping Personal Health Records. İzmir Barosu Dergisi 2020; 3: 189-259.
  6. European Convention on Human Rights. Case of Z v. FINLAND (Application no. 22009/93). Available from: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-58033%22]}. Ac-cessed January 3, 2026.
  7. Personal Data Protection Authority. Right to Request the Protection of Personal Data as a Con-stitutional Right. Accessed: Oct. 19, 2025. Available from: https://www.kvkk.gov.tr/SharedFolderServer/CMSFiles/33c4cdce-f68f-4e5e-93a9-42e8845432ca.pdf. Accessed January 4, 2026.
  8. Republic Of Turkey Presidency Legislation Information System. Turkish Penal Code (Law No. 5237). Official Gazette 2004; 5(43): 25611. Available from: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=5237&MevzuatTur=1&MevzuatTertip=5. Accessed January 4, 2026.

Ayrıntılar

Birincil Dil

İngilizce

Konular

Hasta Güvenliği

Bölüm

Derleme

Yayımlanma Tarihi

29 Mart 2026

Gönderilme Tarihi

18 Şubat 2026

Kabul Tarihi

28 Mart 2026

Yayımlandığı Sayı

Yıl 2026 Sayı: 1

Kaynak Göster

APA
Mermer, G. (2026). Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law. Turkish Journal of Clinics and Laboratory, 1. https://doi.org/10.18663/tjcl.1891973
AMA
1.Mermer G. Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law. TJCL. 2026;(1). doi:10.18663/tjcl.1891973
Chicago
Mermer, Gülşen. 2026. “Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law”. Turkish Journal of Clinics and Laboratory, sy 1. https://doi.org/10.18663/tjcl.1891973.
EndNote
Mermer G (01 Mart 2026) Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law. Turkish Journal of Clinics and Laboratory 1
IEEE
[1]G. Mermer, “Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law”, TJCL, sy 1, Mar. 2026, doi: 10.18663/tjcl.1891973.
ISNAD
Mermer, Gülşen. “Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law”. Turkish Journal of Clinics and Laboratory. 1 (01 Mart 2026). https://doi.org/10.18663/tjcl.1891973.
JAMA
1.Mermer G. Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law. TJCL. 2026. doi:10.18663/tjcl.1891973.
MLA
Mermer, Gülşen. “Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law”. Turkish Journal of Clinics and Laboratory, sy 1, Mart 2026, doi:10.18663/tjcl.1891973.
Vancouver
1.Gülşen Mermer. Medical records management and protection of personal health data in private hospitals: A review based on legislation, doctrine, and case law. TJCL. 01 Mart 2026;(1). doi:10.18663/tjcl.1891973


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