NEWSLETTER-2017

333 PERSONAL DATA PROTECTION Exceptions to Obtain a Written Statement within the Scope of the Labor Law Article 5.2 of the LPPD sets forth the exceptions where a written statement is not necessary. Although these facts can be observed fre- quently in the Labor Law, we would like to warn employers that they should not trust these exceptions only, and should act prudently while categorizing the data they have. The most frequent exemption in the Labor Law shall be the data shared during workplace investigations. In this case, personal files may be submitted to such inspectors without the written consent of the employees. However, it is crucial for the employers that they share only general information, not private information, such as the employ- ee’s race, ethnic origin, political and/or philosophical view, religion or other personal beliefs, appearance, membership of an association and/ or syndicate, health, sexual orientation, criminal records, and biomet- rics and genetic data. Private information can be shared only with the express approval of the employees, even though the conditions of an exemption are observed. On the other hand, the employers can submit their employees’ data without written consent to institutions in order to fulfill their legal obligations, such as paying their employees’ social premiums and/or taxes. For instance, employers can share bank account details of their employees with banks in order to pay their salaries, and they shall give the social security number in order to commence the social insurance payments for their employees. In addition, the LPPD does not seek for written consent for the use of personal data which is disclosed by persons, themselves. Within this scope, an employer can keep and use the information which is shared through the internet by its employee. However, it appears that the field of application of this provision will be shaped in line with ju- risprudence, since social media accounts are deemed as a private zone, and profiles are limited, it will cause a breach to the confidentiality of private lives and the provision of the LPPD, when employers who are not in the contact list of their employees, monitor their employees and use the outcomes against them.