NEWSLETTER-2017

332 NEWSLETTER 2017 period, a list of safe countries will be announced by the Board, and the procedure for permission will be clarified. Obtain Data Only in the Scope of the Purpose Employers collect all kinds of information about their candidates and keep this data in their records. However, the LPPD clearly regu- lates that only necessary information that is useful for a significant purpose may be obtained, and that this information can be used and kept only within the scope of this specific aim. Therefore, employers may only reserve the obligatory data related to fulfilment of the mis- sion and to the employees’ capabilities. Other types of information retained by the employers shall cause liability issues. Within this scope, employers may no longer request the candi- dates to provide salary information concerning their previous jobs, or their criminal records, and they cannot ask whether the candidates smoke or drink alcohol, or are expecting to marry or have a baby, or not. However, if the workplace or qualification of the job requires this information, then such questions may be asked. For instance, a driver may be asked if he has been subject to a traffic crime, or an accoun- tant’s assets may be investigated 5 . Otherwise, these kinds of questions shall be a breach of the LPPD. As well, since these questions cause discrimination, and are against the principle of equality, they shall be deemed as invalid. Provide All the Necessary Precautions for Data Protection Companies reserve all kinds of information in their computers. Hence, employers shall provide an appropriate level of safety in order to prevent the illegal use of data and the access of third persons to them. Within this purpose, employers shall protect their employees’/ candidates’ information with a high-level virus program, and take all the necessary precautions against a cyber-attack. Naturally, employers can outsource this mission; however, pursuant to the Article 12.2 of the LPPD, their responsibility remains in the event of a breach. 5 Manav, Dr. A. Eda, İş İlişkisinde İşçinin Kişisel Verilerinin Korunması, Gazi Üni- versitesi Hukuk Fakültesi Dergisi V. XIX, Y. 2015, No. 2 http://webftp.gazi.edu . tr/hukuk/dergi/19_2_3.pdf (Accessed on 01.08.2017).

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