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APPLICATIONS WHERE PERSONAL DATA OF THE WORKER IS PROCESSED
In practices where the personal data of the employee is processed by the employer during the employment relationship, an intervention occurs about the protection of the employee’s personal data. Despite the employer’s obligations such as deleting, destroying, and not disclosing this data inside and outside the workplace, even after the employment relationship, situations may arise where the employee’s personal data may be at risk. As technology advances, the level of interference with the protection of personal data of the worker, privacy of private life and freedom of communication increases in the business relationship.

Therefore, the practices regarding the processing of personal data in and after the business relationship should always be evaluated within the framework of the basic characteristics of the business relationship and on the basis of the principles of protection of the employee and interpretation in favor of the employee, and KVKK (Personal Data Protection Law), Contract No. 108, Renewed Contract No. 108. All regulations regarding data protection law, including the ECHR (European Convention on Human Rights) and GDPR (Regulation of the European Parliament and of the Council dated April 27, 2016 and numbered 2016/679), should be applied in accordance with the specific characteristics of the business relationship.

It is frequently and clearly emphasized in international regulations, especially ILO (International Labor Organization) Personal Data Code of Practice, ILO Alcohol and Drugs Practice Code, ILO HIV and AIDS Recommendation, ILO HIV/AIDS Code of Practice and ECTK, and is included in national regulations, especially TCO. as received, the main basis for the processing of personal data in the business relationship; processing is closely related to the nature of the job and/or the job description.

The employee’s personal rights limit the employer’s right to manage. For this reason, the employer cannot use its management right to illegally process the personal data included in the employee’s personal right in violation of the honesty rule regulated in TMK Article 2. The employer is obliged to process the personal data of the candidate and the employee in accordance with the rule of honesty and law, pursuant to Article 75/2 of the HR. Pursuant to article 419 of the TCO, the employer will only be able to process the personal data of the candidate and the employee to the extent necessary for the employment of the candidate and the employee or for the establishment and performance of the service contract.

PRACTICES IMPLEMENTED AT THE RECRUITMENT and/or CONTINUATION OF THE EMPLOYMENT CONTRACT

The data collected by the employer during recruitment and during the employment contract should be made in accordance with the rules and basic principles regarding the protection of personal data and primarily in accordance with Article 90/5 of the Constitution and Article 419 of the TCO. It should also be noted that there is no difference between the employee and the candidate in terms of data protection law.

1. Asking Questions and Their Limits

In accordance with the right to information, the employer may ask some questions to determine whether the person to be hired is suitable for the job. In accordance with TCO article 419, questions to be directed to the candidate should be prepared by taking into account the nature of the job and/or job description. The candidate, on the other hand, must answer the questions directed to him in accordance with İK article 25/2(a), accurately and completely, without misleading the employer, as long as it does not violate the right to protect his personal data. The relevant legislation is given below.

TBK m.419
3. In the use of personal data
The employer can only use the personal data of the employee to the extent that it is related to the employee’s work inclination or is necessary for the performance of the service contract.
Special law provisions are reserved.

İK m.25/2(a)
Employer’s Right to Immediate Termination for Good Reason
Whether the term is fixed or not, the employer may terminate the employment contract before the expiry of the term or without waiting for the notification period in the following cases:

               …

II- Situations that do not comply with the rules of morality and goodwill and the like:

a)a) At the time of conclusion of the employment contract, the employee misleads the employer by claiming that he does not have the qualifications or conditions required for one of the essential points of this contract, but by saying that he has them, or by saying untrue information or statements.

  1. Personal Status Questions

Name, surname, date and place of birth, marital status, place of residence, educational status and degrees, professional experience, telephone number, e-mail address, nationality, military service status, foreign language knowledge, special knowledge and abilities, and previous employment It is possible to ask questions about personal situation such as workplace.

Questions about marital status include whether the person is married or single and the number of children, if any. The nature of the work is an important criterion that forms the limit of the questions. For example, the female candidate may be considering whether she is planning to marry soon but is in a hiring job that would require a single worker to work, such as an inpatient or babysitting job or a housekeeping job.

Examples of questions that cannot be asked are whether he has a girlfriend, his sexual life and orientation, whether he is divorced. Since such questions are invalid from the beginning, giving or not giving wrong answers to these questions will not have legal consequences.

No password can be requested from the candidate or the worker, except in urgent and exceptional situations closely related to the job. Since the identification number allows the employer to access many personal data about the person that is not related to the job, it is necessary to specify the candidate’s employment declaration, which is the last step, etc. may be requested for use in legal proceedings. Due to the same feature, the e-government password cannot be requested by the employer.

  • Questions Regarding Health Status, Disability and Pregnancy

To the candidate: “Do you have an illness that prevents you from doing the job you applied for? If yes, what type of disease is it? questions can be asked. If the worker does not correctly answer the question about his health during the recruitment and misleads the employer and this disease occurs during the employment contract, the employer will be able to terminate the employment contract with just cause. İK m.25/1(b)

İK m.25/2(a)
Employer’s Right to Immediate Termination for Good Reason

Whether the term is fixed or not, the employer may terminate the employment contract before the expiry of the term or without waiting for the notification period in the following cases:
I- Health reasons:
…

b) In the event that the Health Board determines that the disease that the worker is holding is incurable and that there is a problem in working at the workplace.

However, it is not possible to ask about complaints that are not related to the nature of the job or job description, or about non-chronic old diseases. Special quality personal data is accepted in the health data data protection law and although there are reasons for compliance with the law provided in Article 6 of the KVKK, since the protection of the personal data of the candidate and the worker as a human right outweighs, it is invalid to ask detailed questions that are not required by the job description, and it is not possible to ask the candidate and the worker correctly. There is no obligation to answer.

In practice, if the candidate and the worker give their explicit consent during and after the recruitment, employers may request a health examination in order to determine the suitability of the candidate and the worker for the position they will be recruited or working for.

The person’s disability is a special quality personal data. Pursuant to Article 30 of the İK, it is obligatory for people with disabilities to be employed in jobs suitable for their disability at the rate of three percent in workplaces employing fifty or more workers and four percent in public workplaces. Pursuant to article 419 of the TCO, the employer may ask whether the candidate has a disability and if so, its degree. The candidate is also responsible for giving correct answers to these questions.

The question about whether she is pregnant or not, which is directed to the female candidate during the recruitment process, leads to gender discrimination. In German law, the fact that the female worker did not tell the truth despite her current pregnancy is not considered as malicious behavior. In addition, the CJEU has ruled that such questions lead to gender discrimination. In Turkish law, there are two views on this issue. One view argues that since pregnancy creates a compulsory burden for the employer, the employer has a legitimate interest in knowing this situation and may ask questions about the pregnancy. The other opinion argues that if the nature of the workplace and the job does not require it, asking questions about pregnancy is invalid as it is against the principle of equality. However, if the nature of the job affects the health of the candidate and the unborn child, questions about pregnancy must be answered correctly. For example, in accordance with İK article 72, pregnant workers are prohibited from working in underground or underwater works such as mines, cable laying, sewerage and tunnel construction.

  • Questions Regarding His Past Conviction

The employer can only ask questions regarding the criminal record of the candidate and the employee if it is important for the nature of the job and/or job description. For example, the bank teller can be asked about financial crimes, and the driver about traffic crimes. HR m. 30, within the framework of reintegration of ex-convicts into society, the candidate is not obliged to report any criminal convictions unrelated to the nature of the job. Therefore, it should not be necessary to ask for a criminal record before entering the job, because the criminal record may reveal the previous provisions that the candidate does not have to report.

After the recruitment is completed, in order to prove the accuracy of the information given by the worker, the employer should be able to request a criminal record document, limited to jobs such as security, child or patient care/treatment, education and bank/financial services.

  • Questions Regarding Religious or Philosophical Belief, Political Opinion, Party and Union Membership

According to Articles 24, 25 and 67 of the Constitution, freedom of religion and conscience, freedom of thought and opinion, and the right to choose, be elected and engage in political activity are the fundamental basis, and the religious, philosophical or other beliefs, political views or membership of any political party directed at the worker. Questions about whether or not are not valid.

In some circumstances, religious questions may be asked. For example, if the employer plans to allow workers from different religions to take special leave for religious holidays, they can ask questions about their religious beliefs.

According to the provisions of Article 51 of the Constitution and Article 25 of the Law No. 6356, it is not possible to ask questions about union membership to the candidate and the worker within the framework of freedom of union. If the person gave a wrong answer to this question, it is not considered as misleading the employer. In addition, contracts that prevent the candidate from joining any union or a specific union or force him to leave the union he is a member of are not valid. Pursuant to article 6/6 of the ILO Personal Data Code of Practice, the employer can only collect personal data regarding the union or union activities of the worker if he is obliged under the law or collective bargaining agreement.

  • Obtaining Information from Third Parties

When the questions directed to the candidate and the employee are not sufficient, the employer can also ask questions to the third person. For example, the candidate or the former employer of the worker is one of these third parties. The restrictions on the questions directed to the worker and the candidate also apply here.

If the candidate applying for a job is working in another workplace at the time of application, the candidate’s consent is required in order to obtain information from his current employer. If the candidate is not working in a workplace when he/she applies, the candidate’s consent is not sought when requesting information from his/her former employer. It is understood that he gave consent when he gave his former employer as a reference.

  • Test Application
  • Alcohol and Drug Tests

Alcohol and drug tests are tests that can be applied at regular intervals or randomly during the recruitment and follow-up of the person. The employer may use this method to find out the reason that adversely affects or may affect the worker’s work performance and to eliminate the disruptions and troubles that occur.

The legality of alcohol and drug tests is controversial. Workplace alcohol and drug testing is common in the United States. Intervention with organized crime and the aim of freeing the society from drugs are shown as the basis. For these purposes, they are supported by the Federal Government.

The generally accepted reason for compliance with the law for these tests is to minimize the risks arising from occupational health and safety. It is legal to test for alcohol and drugs for high-risk workers, such as mining, transportation, security, defense and energy. The other required condition is; It is the observation of a decrease in the performance of the worker and there is a concrete and strong suspicion that the reason for this is due to alcohol and / or drugs. In Belgium, Finland, Germany, Canada and Sweden, alcohol and drug tests can only be applied when required by the nature of the job.

It should be emphasized that biological samples such as urine, blood and saliva taken from the person for these tests should not be used for any other purpose, such as the method of taking the biological sample before the test, how the test will be performed, which substances will be examined within the scope of this test, the medical risks related to the test and the use of test results. issues should be informed. The person’s right to reach the test result and the right to object should not be prevented. Finally, the employer should be notified as soon as possible before making a decision based on this test result.

In our law, there is no direct provision regarding the processing of personal data of the worker by alcohol and drug tests in the employment relationship.

Occupational Health and Safety Law article 28
Prohibition of using addictive substances
(1) It is forbidden to come to the workplace drunk or taking drugs, and to use alcoholic beverages or drugs in the workplace.
(2) Employer; It has the authority to determine in what situations, at what time and under what conditions alcoholic beverages can be consumed in the parts counted as workplace add-ons.

In the contrary case of the relevant provision, the employer has the right to terminate the employment contract immediately for just cause, pursuant to Article 25/2(d) of the HR.

İK m.25/2(a)
Employer’s Right to Immediate Termination for Good Reason
II- Situations that do not comply with the rules of morality and goodwill and the like:
…
d) The employee’s harassment of the employer or one of his family members or another employee of the employer (Amended phrase: 20.06.2012-6331 S.K. m.32/b), coming to the workplace drunk or taking drugs, or using these substances in the workplace,

If we interpret these provisions together in line with international regulations, the employer’s obligation to take all necessary measures to ensure occupational health and safety makes the test application lawful, limited to workers working in risky tasks. But tests should only be administered to high-risk workers without force. If that person refuses the test, HR m. In accordance with 25/2(ı): “Employee endangering the safety of the job due to his own will or negligence,” the employer may terminate the contract with just cause.

  • HIV/AIDS Tests

HIV weakens the body’s immune system, causing AIDS. Although AIDS can lead to death because it is not curable, a person infected with HIV can live for ten years or more without any symptoms of AIDS. In this process, there is a risk of transmitting the virus to others. However, it cannot be transmitted through air, food or physical contact.

Employers want to do these tests to many people, especially health workers, during the recruitment and/or continuation of the employment contract. As a reason, they show the possibility of being transmitted to other workers for those who are HIV carriers, and the decrease in working capacity for those with AIDS.

There is no special regulation in our law regarding the application of these tests. TBK m. In accordance with 419, it is not possible to apply HIV/AIDS testing to the candidate and the worker, except in exceptional cases where the nature of the job and/or job description may require it. Pursuant to İK article 5, it should be accepted that there is a prohibition of discrimination against people who are HIV carriers or AIDS patients at every stage of the business relationship. However, the presence of concrete and strong suspicion that the person has AIDS at the time of employment may justify requesting an HIV/AIDS test if the nature of the job and/or job description requires it.

  • Genetic Tests

Decisions regarding recruitment and continuation of the contract are made according to the genetic structure of the candidate and the worker and the genetic test result, and the application of genetic testing in the employment relationship is in no way out of question in terms of our law.

  • Psychological Tests

Employer; The candidate and the worker want to have information about personality traits such as learning ability, focusing ability, intelligence, dexterity, stress resistance, success in social relations, reliability and honesty. In this context, some psychological tests are applied under the name of ability tests, intelligence tests, interest and professional preference tests, personality tests and honesty tests.

Personality tests, which involve intense interventions against the privacy of private life and the protection of personal data, are not reliable and should not be evaluated alone in the business relationship. Although there is no special regulation in terms of our law, the application of personality tests should be closely related to the work and in accordance with the basic principles of data protection law, applied and evaluated by experts, the purpose, management and It depends on the fact that the scope of the test is clearly, clearly and adequately communicated to the worker and that the security of the test results is provided by the employer.

The polygraph, the most common device used in mechanical honesty tests, perceives and interprets the changes that occur in the person’s body. The reliability of the polygraph is controversial. There is no provision in our law that directly prohibits or regulates the use of mechanical honesty tests. Considering that mechanical honesty tests, which seriously violate the right to personal data protection, are banned even in the most widely used countries, employers should not apply to mechanical honesty tests in business relationships.

  • Search of the Worker’s Body and Items

The fact that places such as the room, table and drawer where the worker works belong to the employer does not make it legal for the employer to search these places. Regarding this issue, the 9th H.D. decision is in this direction. Based on the records in the agenda found in the drawer of the worker, it has been stated that the contract of the worker cannot be terminated.

The employer may want to search the worker’s body by entering and leaving the workplace, for reasons such as preventing the entry of substances that may pose a safety hazard to the workplace or the unauthorized removal of valuable goods in the workplace. This search can be carried out by security guards or by means of x-ray devices.

Before the employee’s body and/or belongings are searched at the entrance and exit of the workplace, all issues related to the search, such as the reason, purpose and consequences of not consenting to the search, should be explained clearly, understandably and comprehensively, and should act within the framework of the principles of proportionality, necessity, commitment to the purpose and transparency.

Worker Monitoring and Surveillance
a. Monitoring of the Worker via Electronic and Biometric Access Control Systems

It is within the scope of the employer’s management right to monitor and control or record the employee’s entry and exit from the workplace, the frequency and time of entry-exit. The employer can do this with the signature book, the classic card system or the more practical and versatile electronic and biometric access control systems.

Cards containing the employee’s identification number or magnetic or chip cards are personal and provide control in the workplace by electronic and biometric means by processing the employee’s personal data. In the biometric access control system, data such as fingerprint, palm, hand and finger geometry, iris, face, footprint, walking, skin, odor, weight, body shape, voice and/or retinal recognition/scanning are collected. In accordance with Article 6/1 of the KVKK, Article 9/1 and Article 4 of the GDPR, biometric data is considered to be special quality personal data.

Since these biometric data are extremely intrusive, in the departments that require a high level of security or where important projects of a company are developed and/or confidential information is kept, for example, scientific and/or technological studies are carried out or intelligence is carried out, producing atomic energy or chemicals that pose a danger to public safety. It is acceptable to install biometric access control systems in workplaces with similar characteristics.

In addition, although the processing of biometric data within the scope of Article 6/3 of the KVKK depends on the express consent of the worker or the existence of the conditions stipulated in the laws, the processing must be carried out primarily to the extent necessary for the performance of the contract in accordance with Article 419 of the TCO. The worker’s consent alone will not ensure compliance with the law.

In our legislation, the authority to take fingerprints is only given to law enforcement officers within certain limits and conditions upon the order of the public prosecutor pursuant to article 81 of the CMK. Therefore, it is illegal for the employer to take the fingerprint of the employee by putting himself in the place of the law enforcement officers without any legal basis, due to the violation of the right to protect personal data.

The relevant decisions are given below:
• Retinal scanning system method in the follow-up of the personnel working in the Provincial Health Directorate,
• Overtime tracking carried out with the fingerprint system in the training and research hospital,
• Entry-exit control carried out by the fingerprint system of the personnel working within the municipality,
• With the face scanning system of overtime tracking in the state hospital,

Although the administrative court decided to reject the case in the cases brought for the cancellation of the proceedings regarding its implementation, the 12th and 5th Chambers of the Council of State reversed these decisions on the same grounds as in the ECtHR decisions.

b. Monitoring the Worker Out of the Workplace with Electronic Locating Systems

Many workers today work away from the workplace. In such cases, the employer uses location data to identify and confirm the locations where workers should be. For example, employers dealing with important vehicle fleets frequently use vehicle tracking technologies. The electronic system GPS (Global Positioning System) is widely used.

While the employer monitors the worker with the locating system, it also collects the personal data of the worker and can use it in other processing activities. Therefore, processing must be necessary and measured. In addition, the employer is obliged to clearly inform the workers that the monitoring device is placed on the work vehicle and that their movements and/or driving behaviors during the use of the vehicle are recorded.

Monitoring should not be the main purpose but only the indirect result of action necessary to protect production, health and safety or to ensure the efficient operation of the business.

c. Monitoring Worker’s Communication
i. Monitoring Computer, Internet, E-mail and Social Media Usage in the Workplace

The employer can supervise the work done by electronic communication tools in the workplace. For this, the employer must determine that only work-related e-mails can be sent from the work e-mail address at the workplace or that both business and private e-mails can be sent. In this context, if there is a clear arrangement in the workplace for sending only work-related e-mails from the work e-mail address, the e-mails sent from the work e-mail address of the employee will be considered only work-related and the employer may have the right to monitor and read all of them. Even under these conditions, it is not possible to open, save and read e-mails that are understood to be of special nature.

As a rule, the employer is prohibited from viewing and recording the employee’s private e-mails, if the use of work e-mail is also permitted for private use. Otherwise, many fundamental rights of the worker, especially the right to protection of personal data, the right to privacy and the freedom of communication, would be violated. These explanations are also valid for instant messaging, communication and correspondence programs on the computer to the extent appropriate.

Monitoring applications regarding the computer allocated to the worker are used in the workplace. The complete prohibition of the use of computers for special purposes in the workplace is unfair, violating the fundamental rights and freedoms of the worker. The worker should separate his work and private files to draw attention to the distinction. In case there is a concrete and strong suspicion that criminal information is stored on the computer, the examination of so-called personal files and documents is considered exceptional. However, in order for this review to be in compliance with the law, the worker must be informed of such monitoring practices.

The complete prohibition of private-purpose internet use in the workplace is also unfair, violating the fundamental rights and freedoms of the worker. Since the employer provides the employees with the opportunity to use the internet at the workplace, it has been accepted as a collective use provider. According to Article 7 of the Law No. 5651 on Arranging Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts, the employer is obliged to take the measures determined by the “Regulation on Internet Collective Use Providers”. Pursuant to Article 4 of the relevant regulation, the employer is obliged to use the content filtering system in order to take measures to prevent access to criminal content and to save the access resources electronically in their own systems for two years. system will be available.

In connection with the use of the internet in the workplace, social media usage and social media profiles can also be monitored. Social media applications also significantly affect the functioning of business life. For example, applications such as LinkedIn basically create professional social networks and can also be used for the purpose of promoting the products and services of employers.

Regardless of whether it is public or not, the content on the social media account should be considered to be included in the user’s personal account and belong to his autonomous domain. Therefore, the content shared on social media on social media is not the property of the employer, and secretly interfering with these content will violate the candidate’s and employee’s expectation of confidentiality and the right to protect personal data.

Thanks to these platforms, employers can easily collect information about the friends, ideas, beliefs, interests, habits, positions, attitudes and behaviors of candidates and workers, and obtain many data, including sensitive personal data regarding the private and family life of the candidate and the worker. Surveys made; It reveals that 90% of employers in the USA and 30% in Europe benefit from this data during recruitment.

Pursuant to Article 28/1(a) of the KVKK, the provisions of the KVKK shall not be applied to the posts made by the person on his/her social media accounts for which he or she does not have any personal or commercial interest.

KVKK m.28/1(a)
Exceptions
ARTICLE 28- (1) The provisions of this Law shall not be applied in the following cases:
a) Processing of personal data by real persons within the scope of activities related to themselves or family members living in the same residence, provided that they are not given to third parties and that the obligations regarding data security are complied with.
Pursuant to Article 5/2(d) and Article 28/2(b) of the KVKK, the personal data of the candidate and the employee made public voluntarily from their public social media accounts can be processed without seeking explicit consent, and the candidate and the employee will only be able to demand the compensation of the damage. .

KVKK m.5/2(d)
Terms of processing personal data
ARTICLE 5- (1) Personal data cannot be processed without the explicit consent of the person concerned.
(2) In case of existence of one of the following conditions, it is possible to process personal data without seeking the explicit consent of the data subject:
…
d) Being made public by the person concerned.
…

KVKK m.28/2(b)
(2) In accordance with the purpose and basic principles of this Law, Article 10, which regulates the obligation of disclosure of the data controller, Article 11, which regulates the rights of the data subject, with the exception of the right to demand the compensation of the damage, and Article 16, which regulates the obligation to register in the Data Controllers Registry, shall not be applied in the following cases:
…
b) Processing of personal data made public by the person concerned
…

Since there is no legal regulation regarding the monitoring practices of the employer’s electronic communication tools in Turkish Law, a fair balance should be established between the employer’s right to management and the employee’s right to protect personal data. In addition, the personal data of the worker collected as a result of monitoring are included in TCO m.419 and İK m. In accordance with 75/2, it should be processed in accordance with the rule of good faith and law to the extent necessary for the establishment and performance of the contract.

In the 2010 decision of the 9th HD of the Court of Cassation and the two decisions of the 22nd HDP of the Supreme Court dated 2015 and 2016; Although it has been decided that the employer always has the authority to control the computer and e-mail addresses belonging to them and the e-mails sent to these addresses, no evaluation has been made about the scope and limits of the said control authority.

ii. Monitoring Telephone Usage in the Workplace

The number dialed, the date and time of the call, the duration of the call and even partly the cost can be seen and recorded in the calls made with the fixed phone at the workplace. In addition, since there is a speakerphone facility on the phones, the phone call can be listened to by many people without the other party’s knowledge.

Whether it is a work mobile phone, a personal mobile phone or a fixed business phone, their widespread use by the worker during working hours may cause some problems in the work relationship and monitoring the use of the phone in the workplace will lead to the collection of personal data of the worker.

The employer has the authority to decide on the scope and limits of the use of fixed business phone, business mobile phone and personal mobile phone in the workplace within the framework of the right of management.

Although there is no provision in our law regarding the monitoring of the employee’s phone use in the workplace, a fair balance must be struck between the employer’s right to management and the right to protect the employee’s personal data. is also valid.

  • Surveillance of the Worker by Video and/or Sound Recording Devices

With technological developments, many comprehensive monitoring tools are emerging. For example, by recording every touch of the worker on the computer keys, the time he spent in front of the computer and the breaks he took can be easily understood.

The said surveillance practice violates the personal rights of workers in the most serious and serious way. Camera surveillance is closely related to the privacy of the worker’s private life and the protection of his personal data, as it has the opportunity to continuously capture the worker’s behavior with video and audio. In this respect, the inspection based on camera surveillance in the workplace should be carried out without abuse of the right of management. For example, cameras placed in workplaces such as shops, markets, banks for security and crime detection reasons should be set in a way that sees the worker the least and violates the personal rights the least -for example, limited to the cash register or the cashier.

In accordance with the principle of proportionality, the purpose of surveillance and the surveillance method must be proportional, and the method that will interfere with the employee’s personal rights and personal data at least must always be chosen. In addition, continuous and covert surveillance is prohibited except in very exceptional cases and certain conditions.

In order for surveillance to be lawful, it must have a specific purpose, be based on a legitimate reason, be based on sufficient, clear and understandable information, be applied to a limited number of people in line with the principles of proportionality and transparency, and be supported by appropriate security measures. Workers should always be provided with the opportunity to defend themselves using the contents of the images collected. In addition, everyone working in the workplace should be informed and this information should include the necessary information to ensure fair processing, such as the identity of the data controller, the purpose of the surveillance and in what cases the records will be reviewed by the company’s management, the duration of the recording and when the records will be disclosed to the public authorities.

CONCLUSION

As technology develops, the level of interference with the protection of personal data of the worker, privacy of private life and freedom of communication increases in business relations. The processing of personal data of the employee by the employer is based on certain conditions. First of all, within the framework of the basic characteristics of the employment relationship, the principles of protection of the worker and interpretation in favor of the worker are taken as basis. In addition, as legislation, all regulations regarding data protection law, including KVKK, Contract No. 108, Renewed Contract No. 108, ECHR and GDPR, are applied in accordance with the specific characteristics of the business relationship.

The point that is frequently emphasized in international regulations and TCO; the main basis for the processing of personal data in the business relationship; processing is closely related to the nature of the job and/or the job description. The employee’s personality rights restrict the employer’s right to management. The employer is obliged to process the personal data of the candidate and the employee in accordance with the rule of honesty and law, pursuant to Article 75/2 of the HR. Pursuant to article 419 of the TCO, the employer will only be able to process the personal data of the candidate and the employee to the extent necessary for the employment of the candidate and the employee or for the establishment and performance of the service contract. It is clear that any application to be made contrary to these general definitions and regulations will constitute a clear interference with the personal data and private life of the worker.

Beril BİLGİLİ
ANKARA
2019
Source:

Book: Protection of Employee’s Personal Data in a Business Relationship, Selen Uncular