357 LABOR LAW Conclusion of the Constitutional Court Regarding the Case According to the Constitutional Court that stipulated the abovementioned conditions in the case at hand, the employer has a large number of employees and provides corporate financial services, processes personal data by creating a corporate e-mail account, and keeps the communication flow under control for the purpose of ensuring that the business runs properly and as intended. The Court considers rendering a corporate e-mail account accessible for monitoring the communication flow and content, constitutes a legitimate interest for the management of the workplace and is a convenient method to achieve the intended purpose. However, the employment contract of the applicant regulates that the corporate e-mail may only be used for business purposes, allows the bank administration to monitor the corporate e-mail without any notice, forbids the employee to object, and requires the employee to follow the instructions. The employment contract explicitly established termination if the employee violates his/her obligation under the employment contract, such as using the corporate e-mail for purposes other than business, underperformance or violation of the prohibition of having another job. In other words, the applicant was clearly notified, in advance, that the corporate email was accessible for monitoring, and was also notified about the procedure of monitoring through the employment contract, and the applicant gave his explicit consent. The Constitutional Court concluded that the scope of the employee’s intervention was limited to the correspondence supporting the claim that the applicant has another job and proving his claims before the Court. For these reasons, the Court ruled that the employer conducted monitoring within the scope of the purpose, and used the data obtained in accordance with the purpose. In summary, the Court decided that the right to request protection for personal data within the scope of right to respect to privacy was not violated.
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