Özet:

The rapid development of information technologies has also had an effect on working life, expanding the management rights and their exercise by the employers. The employee has become the natural person with whom, the employers have the most data contact within the scope of Personal Data Protection Law No. 6698 due to the aforementioned effect of the expansion. The employees, who are the weakest side of the employment relationship in practice, are not sufficiently aware whether the status of working conditions which they are exposed to are suitable for Personal Data Protection Law; therefore, they unconditionally accept the practices to protect the employment relationship. In order to comply with law; practices used in employment relationship should be examined if they constitute one of the exceptional data processing requirements. If there is no such basis for the practices, the explicit consent of the employees has to be acquired to the extent that they comply with the nature of the work. In this study, “searching the body and belongings of the employee” and “monitoring and surveillance of the employee”, which are widespread practices in employment relationships, have been evaluated within the scope of international court decisions, doctrinal opinions, international resources and Personal Data Protection Law, and data processing conditions have been discussed.

Anahtar Kelimeler: