The Regulation on Attorneys Access to Health Data Has Been Repealed

With the amendment published in the Official Gazette on 03.12.2025, the provision titled “Access to health data by attorneys” under the Regulation on Personal Health Data has been repealed. The former provision stated:

“Attorneys may not request their client’s health data based on a general power of attorney. For the transfer of a client’s health data to an attorney, a specially drafted power of attorney including an explicit clause indicating the data subject’s explicit consent for the processing and transfer of special categories of personal data must be provided.”

Bar associations had filed annulment actions before the Council of State on the grounds that the provision conflicted with Article 2 of the Attorneys’ Act, which grants attorneys the authority to request information and documents; however, these actions were dismissed. The amendment to Article 6 of the DPL (KVKK) indicates that the new framework aims to align the Regulation with the current data processing requirements.

The Regulation also updates various provisions regarding parents’ access to their children’s health data, e-Nabız security settings, and the conditions under which physicians may access such data.