Dülger Law Office/Publications/Commentary
Employer Monitoring of Employees' Communications in the Context of the Right to the Protection of Personal Data
(Kişisel Verilerin Korunması Hakkı Bağlamında İşçilere Ait İletişimin İşveren Tarafından Gözetlenmesi)
Introduction
This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.
The concept of personal data has been expressed in similar terms in all national and international legislation on the subject. In Law No. 6698 on the Protection of Personal Data (KVKK), which is regarded as the basic law specific to the field of personal data in Türkiye, it is defined as “any information relating to an identified or identifiable natural person”. In this context, it can be said that any information that may arise in any area of a natural person’s life, from everyday activities to professional ones, and that serves to identify that person or make that person identifiable is personal data. Personal data are therefore not confined to a particular field or activity, and their scope and limits have not been clearly and precisely drawn; they may be in issue in every environment in which a person is present.
Today, when working life takes up an important place and a large amount of time in people’s lives, the employee-employer relationship is also significant for personal data. At the formation of the employment contract and throughout its duration, the employee is economically and legally dependent on the employer, while the employer is under a duty to protect and look after the employee. This reciprocal relationship between employee and employer contains elements that may amount to interference with the employee’s personal data. In addition, the possibilities offered by developing information technologies have made it necessary to consider the connection between this relationship and personal data from a different perspective. Personal data therefore carry particular importance in the employment relationship, including its establishment, the period of work, departure from employment and even the period after departure.
Related publications
Dülger, Murat Volkan / Gümüş, Gülçin, Personal Data Protection Law (Kişisel Verilerin Korunması Hukuku), 4th ed., Seçkin Publishing, Ankara, 2026.
Dülger, Murat Volkan, Legislation on Information Technology, Personal Data Protection and Internet Communication (Bilişim, Kişisel Verilerin Korunması ve İnternet İletişimi Mevzuatı), 7th ed., Seçkin Publishing, Ankara, 2021.
Dülger, Murat Volkan, “The Use of Bulk Data and Metadata in Preventive Policing and Intelligence Work from the Standpoint of Human Rights, Personal Data Protection and Criminal Procedure Law” (İnsan Hakları, Kişisel Verilerin Korunması ve Ceza Muhakemesi Hukuku Açısından Önleyici Kolluk Hizmetleri ve İstihbari Çalışmalarda Toplu Veri ve Metadata Kullanımı), conference presentation, 2026.
Dülger, Murat Volkan, “Lawyers' Obligations under the KVKK in the Light of the Board's Decisions” (Kurul Kararları Işığında Avukatların KVKK Yükümlülükleri), conference presentation, 2025.
Dülger, Murat Volkan / Gümüş, Gülçin, “The Right to Be Forgotten”, Essays in Honour of Prof. Dr. Yadigar İzmirli (Prof. Dr. Yadigar İzmirli'ye Armağan), 2024.