Examination of corona virus (Covid 19) Health Control applications in workplaces from the perspective of Personal Data Protection Law No. 6698 ( KVKK) 

Widespread measures are needed against the outbreak of the corona virus (COVID-19), which leads to deaths that significantly threaten human health around the world. In particular, it is important to conduct health screenings in environments and workplaces that should be located collectively. 

In this context, many companies more at the entrance of the workplace, visitors Ask third parties and company employees questions through a form( shortness of breath, cough, fever, etc. as for whether it is) and performing physical examinations of these people (measuring fever, etc.) Began to check whether they had symptoms of the corona virus (COVID-19).

During the measures in question, the person oral, written, or physical examination are demanded in these applications with the way the kvkk qualified under the provision of specific health data and health data that should be shown particular sensitivity due to the processing of personal data with appropriate and relevant parties to inform is required.

KVKK personal data without explicit consent under a qualified health information in the nature of Special ,not only ‘ public health protection, preventive medicine, medical diagnosis, treatment and care in the execution of services, for the purposes of financing the planning and management of Health Services, under the obligation of confidentiality by the institution or authorized persons will be able to be processed. 

In accordance with this provision;

-Health information to be requested from visitors through the Form and health information to be obtained as a result of physical examinations (such as measuring fever) are collected for the purpose of protecting public health, so it is legally appropriate to take these measures at work.

- This process of written and physical examination, which must be considered during the construction of a ‘ company doctor or occupational health and safety that must be done by specialists, and limited access to health data and related documentation obtained on this occasion and those who are under the obligation to maintain, also must be experts in Occupational Safety and health or the company doctor.

-In addition, although consent is not obtained, the lighting texts for visitors within the scope of KVKK should be revised for examinations due to the outbreak of the corona virus (COVID-19), ensuring that the lighting obligation is fully fulfilled.

The legal obligation of companies to ensure workplace health and safety in the event of an outbreak is mainly due to Article 417 of the Turkish Code of Obligations No. 6098 and Article 4 of the code of occupational health and safety No. 6331. 

In this context, in order to fulfill the obligations from the point of view of KVKK, it may be possible to inform visitors with appropriate lighting texts and conduct physical health checks taking into account the issues described above.

Do not hesitate to contact us if you need detailed information about the subject and application.

Best regards...

KIZIL AUDIT & CONSULTING