NEWSLETTER-2017

339 PERSONAL DATA PROTECTION check-ups, changing the work of an employee that is not suitable to his/her job anymore can be considered within the scope of employers’ rights to govern. However, this situation may not be abused according to the honest execution rule of the employment contract. Using Fingerprint and Eye-face Recognition Technologies Fingerprints and eye-face recognition systems are frequently es- tablished to determine the time of entry/exit of employees, and/or to secure the workplaces. The establishment of these systems is within the scope of employers’ rights to govern; however, the employees must be informed of the systems and give their express consent. It should be reported to the employees the method and how long the employers will protect the collected data, and the employers shall ensure that the data will not be used in any other way in the future. The Council of State has decided that in the absence of such notifications, these control mechanisms would be contrary to the constitutional principle of proportionality. It is also important to take all necessary measures to ensure that such biometric data is not passed on to third parties, and the employees should be informed about this issue as well; otherwise, the risk of access by unauthorized persons to the databases where bio- metric data are stored may cause personal and material damages, as well as universal harm. Inspection of E-mails and Telephones of Employees The Court of Cassation confirms that employers have the author- ity to inspect the computers that they provide to their employees, and may terminate the employment contract if non-business activities are conducted on these computers, and if e-mails with insulting content to the employers are identified 7 . Within this context, it is inferred that the data stored in the computers provided by the employers is not personal and can be used by the employers without the employees’ consent. On the other hand, listening to calls in work telephones is a con- tradictive issue. Listening to conversations is not accepted as legiti- 7 For detailed information please see: http://www.erdem-erdem.av.tr/publications/ law-post/employers-competence-of-email-supervision-and-right-of-termination/ (Accessed on 05.10.2017).