New Regulation on Personal Health Data

The Ministry of Health (the “Ministry”) has introduced significant amendments concerning personal health data through the Regulation Amending the Regulation on Personal Health Data (the “Regulation”), published in the Official Gazette dated 4 July 2026 and numbered 33300.

The Regulation introduces a mechanism allowing individuals to request the reassessment of previously established medical diagnoses based on their current health condition. It also expressly provides that, particularly in recruitment processes, up-to-date medical board reports will serve as the basis for the relevant assessments.

Previously Established Diagnoses May Be Reassessed

Under the newly introduced provision, individuals may request the reassessment of previously established medical diagnoses based on their current health condition. Depending on how the original diagnosis was made, such requests will be assessed either by a three-physician medical board or a fully constituted medical board, which will then issue a medical board report setting out its findings.

Where the reassessment concludes that the relevant diagnosis is no longer applicable, the medical board report will serve as the basis for the relevant administrative processes.

A Significant Change for Recruitment Processes

One of the most notable amendments introduced by the Regulation is the express provision that, unless otherwise provided under the applicable legislation, previously established medical diagnoses may not be relied upon, particularly in recruitment processes. Instead, the current medical board report issued following the reassessment will serve as the basis for the relevant assessment.

What Does This Mean in Practice?

The new Regulation is particularly relevant for employers and other institutions that rely on medical reports when making administrative decisions. Unless otherwise provided under the applicable legislation, previously established medical diagnoses may no longer serve as the basis for such decisions. Instead, the medical board report reflecting the individual’s current health condition will prevail. Overall, the Regulation strengthens the principle that administrative decisions should be based on an individual’s current health status rather than historical medical diagnoses.

Authors

Deniz Tuncel, Partner, dtuncel@herguner.av.tr
Sena Eskicioğlu, Trainee Associate, seskicioglu@herguner.av.tr