356 NEWSLETTER 2021 • Whether there are legitimate reasons that justify monitoring the communication tools and content provided by the employer for the use of the employee should be established. • Monitoring communication and processing personal data should be carried out transparently and, in this respect, the employees should be informed, in advance, by the employer of the process. The employees should be informed of the legal basis and purpose of the processing of personal data, the scope of the monitoring and data processing, the period of storage of the data, the rights of the data owner, the results of the monitoring and processing, and the possible beneficiaries of the data. In addition, the information provided to the employees should also include the limitations stipulated by the employer regarding the use of the communication tools. • The intervention by the employer to the right to request protection for personal data and freedom of communication of the employee should be related to the aim to be achieved and be convenient for this aim. • In order to consider the employer’s intervention in the employee’s right to request protection for personal data and freedom of communication to be necessary, the intervention must be compulsory for the purpose of the monitoring, with the condition that the same results cannot be accomplished by other means, which requires less personal data to be processed, or to be processed less intensely. • In order to consider the employer’s intervention in the employee’s right to request protection for personal data and freedom of communication to be proportional, data that is going to be processed by monitoring, or somehow utilized, should be limited by the purpose, and any limitation or intervention that surpasses the purpose should not be allowed. • It is necessary to control whether the conflicting interests and rights of the parties are balanced fairly, considering the effect of the monitoring of the communication on the employee, as well as the consequences.
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