NEWSLETTER-2017

338 NEWSLETTER 2017 nature of the Labor Law, employers collect personal data and interfere in the private life of their employees during recruitment interviews, during working hours, or by supervising the performance of their employees through cameras placed in the workplace, by establishing security systems in order to reduce the risk of viruses, cyber-attacks, and/or by checking the points of entry/exit via x-ray. Normally, moni- toring of assigned offices, e-mails, or looking inside of bags, etc. by private security guards, interfere in private life. Unless these acts are based on a legal ground, they will constitute a breach to Article 20 of the Constitution enacted respecting private life, and Article 17 of the Constitution enacted for the right of immunity. In order for employers to make such arrangements in legal bases within the framework of their right to govern, they must act with the purpose of fulfilling the obligation to protect their employees, and must have superior benefits. For instance, the search of employees and/or their belongings at the point of entry/exit is possible for reasonable cause, such as preventing the occurrence of possible theft pertaining to products produced in the subject factory. However, the search should be made in general, limited to a reasonable time, and in such a way that will not disturb the employees and damage their dignity 6 . To this context, employers may interfere in their employees’ private lives and personal data in return for their legally legitimate interests. The regulations on Protection of Personal Data numbered 6698 also determines the conditions under which employers may use the personal data of their employees and, thus, limit interference in their employees’ private lives. Health Check-ups According to Law on Occupational Health and Safety Article 15, employers are obliged to ensure health check-ups at the employment and termination periods, at the time of job changes, and at the frequen- cy determined according to the hazard class of the work. Employers are also obliged to maintain the reports taken based on these examina- tions in employees’ personal files. Pertaining to the results of these 6 Prof. Dr. Ünal Narmanlıoğlu, İş Hukuku Ferdi İş İlişkileri I, Widened 5 th ed., Beta Yayınları, İstanbul 2014.