Universities Will Now Delete Old Information
Official titleDecision of the Constitutional Court Dated 5/3/2026 and Numbered Application No: 2020/37416
The Constitutional Court evaluated the non-updating of a university diploma according to new identity information following a change of name and sex as a violation of the 'Right to Respect for Private Life'.
Details of the Regulation
The applicant E.D. changed their name and sex (from female to male) by a court decision, and this change was registered in the civil registry records. They applied to Bartın University, from which they graduated, requesting the re-issuance of their diploma in accordance with their new identity information. The university rejected the request, stating that there was no explicit provision in the legislation in force regarding this and that only an explanatory annotation regarding the name change could be made on the back of the diploma. At the administrative court and appeal on facts and law stages, this action was also found to be in compliance with the law.
The General Assembly of the Constitutional Court focused on a fundamental privacy issue in its examination. The Court emphasized that sensitive information of a person, such as changes in sex and name, should not be disclosed to third parties without their consent. It concluded that the method of placing an annotation on the back of the diploma forces the applicant to disclose their former identity and the sex change process upon each presentation of the diploma, which violates the confidentiality of private life.
Stating that the administration's arguments regarding the continuity of public service and document order remained disproportionate against the individual's right to privacy, the Court decided that the 'Right to Respect for Private Life' was violated and ruled for a retrial to eliminate the consequences of the violation.
Questions You Might Have
- Why is placing an annotation on the back of the diploma not sufficient?
- Because when an annotation is made, every third party who sees the diploma learns the person's former name and sex change; this is contrary to the purpose of protecting privacy.
- Why did the university refuse to renew the diploma?
- It rejected the request because there was a general understanding in the existing regulations that the diploma should reflect the data as of the date of graduation, and there was no explicit article mandating an update.
- Was the decision taken unanimously?
- No, it was taken by majority vote. Muhterem İnce and Ömer Çınar cast a dissenting opinion against the decision on the reasoning that there was no excessive burden on the applicant.
Key Terms
- Özel Hayata Saygı Hakkı
- The right to the protection of elements concerning the individual's personal life, privacy, and identity.
- İhlal Kararı
- The judgment delivered by the Constitutional Court stating that a public act infringes constitutional rights.
- Yeniden Yargılama
- The process of re-hearing a lawsuit by the relevant court due to an identified legal deficiency or violation.
Where we posted this
Follow Turkish legal developments
REGAS analyzed all 50 items in the Official Gazette of 7 August 2026; we published only 4 of them here.
REGAS summarizes every change in the Turkish Official Gazette in plain language and notifies you.
The REGAS app is currently Turkish-only. If you would like English in the app, the best way to make it happen is to support the developer: get the app and just say so.
REGAS Commentary
This judgment is revolutionary for individuals who have completed the gender reassignment process or changed their names. Universities and other educational institutions can no longer merely 'make a note' or 'add an annotation'; they are obliged to draw up a new document consistent with the person's current identity. This aims to eliminate the discrimination and privacy violation that individuals may experience by having to disclose their past identity information in job applications or official transactions.