EMPLOYER MAY NOT USE ANY PERSONAL DATA OF EMPLOYEES, ACQUIRED ILLEGALLY, AS A VALID REASON FOR TERMINATION OF EMPLOYMENT CONTRACTS!

The Court of Cessation, the Turkish supreme court of appeals, issued an order on 07.05.2019 whereby it was stated that employers may monitor the computer activities of any employee to the extent that preliminary information is provided to the same by the employer. It was further stated that otherwise, the personal data of the employee would have been acquired illegally, and that the employment contract of the same may not be terminated with a valid reason based on the justification of such personal data.

The related part of the said order reads as follows:

“Employers may, at all times, monitor and follow-up its own employees on electronic medium as a direct result of its right to manage the same. However, the requirement of provision of preliminary information thereof to the employee shall be sought. Any failure to provide information to the employee about such monitoring or follow-up action, or monitoring thereof in secret shall be deemed illegal even if any data, acquired in consequence of such actions, clearly shows that the employment contract has been violated by the employee. Accordingly; in this present case, it should be awarded that any information, acquired by the employer in consequence of any secret monitoring actions, may not be claimed as a valid reason for termination.” (The order, bearing the Basis Number 2017/21857, the Decision Number 2019/9884 and dated 07.05.2019, of the 22nd Civil Chamber of the Court of Cessation)