The employer's monitoring of his employees is not unlimited. KVKK is evaluated within the scope of Labor Law Article 5 and Constitution Article 20 (private life).
Conditions of Monitoring
- Disclosure (KVKK Article 10): The purpose, scope and duration of monitoring are notified to the employee
- Explicit consent or legitimate interestBasis
- Proportionate, as muchmonitoring as necessary
- Private areas (toilet, locker room) not to be monitored
Camera Monitoring
- Production areas, warehouses: applicable on the grounds of employer interest
- Work tables: careful, with prior notice
- Break areas: controversial (KVKK decisions are different)
- Toilet, locker: absolutely prohibited
GPS Tracking
Legitimate for company vehicles and company phones (especially service vehicles). However, the device in private use of the employee cannot be monitored.
E-mail and Message Tracking
- Company e-mail: can be examined by the employer with reasonable justification
- Company WhatsApp groups: restricted
- Employee's private account: absolutely prohibited
KVKK Board Decisions
KVKK Board monitors the monitoring "without clearly notifying all employees" It finds it unlawful and imposes an administrative fine.
Employee's Rights
- Requesting clarification
- Seeing monitoring data (KVKK article 11)
- Pecuniary damage
- Termination for just cause
Labor and KVKK expert is recommended.