In the employer-employee relationship, the employer processes extensive personal data. Special regulations are required for KVKK compliance.
Typical Data Processed
- Identity information
- Contact information
- Payroll, bank account
- Health report (special quality)
- SGK records
- Leave/absence
- Training/certificate
- Performance evaluation
- Camera/security records
- Computer/e-mail logs
Legal Basis
- Employment contract (KVKK art.5/2-c)
- Labor law obligations (m.5/2-d)
- Explicit consent OR special consent for health data situations
Lighting
- At the beginning of employment
- Periodic updates
- When starting a new job
Limits of Monitoring the Employee
- Pre-notification to the employee
- Legitimate interest (productivity, security)
- Proportionate monitoring (little interference with private life)
- Toilet/changing room cannot be monitored
After Termination of Employment
- Keeping for a certain period of time as per SSI
- Labor law statute of limitations (5 years)
- Tax legislation (10 years)
- Destruction at the end of the period
KVKK Board Decision
KVKK Board stated that "minimum intervention principle" should be applied in monitoring employees, and that monitoring private areas is administrative It is accepted that it may lead to a fine.
Labor law/KVKK lawyer recommended.