355 LABOR LAW The Incident Discussed in the Decision of the Constitutional Court In the incident subject to the decision of the Constitutional Court, the employer of a private bank examined the contents of the corporate e-mail account of its employee and terminated his employment by citing the correspondences read in the e-mail as the reason. In summary, as the grounds for termination, the employer claimed that the employee violated his primary duty by engaging in commercial activities in a business registered to his spouse during working hours and, to prove this, along with some other evidence, the employer relied on corporate e-mail correspondences of the employee. The employee (the applicant), applied to the Constitutional Court on the grounds that his right to request protection of his personal data within the scope of confidentiality of private life and freedom of communication were violated. Conditions for the Employer to Monitor the Employee’s E-mails According to the Decision of the Constitutional Court In the present case, the Constitutional Court stated that for disputes that arise due to the use of communication tools and equipment, such as computers, internet and e-mail, which are provided by employers who wish to benefit from technological developments, a balance should be established between the interests of the employer and the fundamental rights and freedoms of the worker. In summary, the Court came to the following conclusions: • In principle, the employer may monitor the communication tools provided to the employee and set certain restrictions for their use within the scope of the management authority. However, this authority is limited to a certain degree necessary to operate the business, to ensure order and safety in the workplace and not to violate the essence of the fundamental rights and freedoms of the employer. Therefore, it does not entrust the employer an unlimited and absolute surveillance and monitoring authority over the communication tools.
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