Employee Monitoring

Employers may monitor employees’ activities for purposes such as workplace security, information security, protecting trade secrets and overseeing work processes. Reviewing corporate email and computer use, CCTV, location tracking, call records and screen monitoring software are the main tools. Information obtained in this way is employee personal data, and monitoring is limited by the KVKK and the employee’s right to privacy.

Conditions for Monitoring

• Prior notice: Employees must be clearly informed in advance of the tools used, the purpose and the scope of monitoring.
• Legitimate purpose: Monitoring must serve a specific and legitimate purpose, such as information security or a concrete suspicion of misconduct.
• Proportionality: Monitoring must be proportionate; if a less intrusive method can achieve the same goal, it should be preferred.
• Private areas: CCTV may not be used in private areas such as changing rooms, toilets and rest areas.

Written Policy

A written policy on corporate email, computer, internet and phone use, communicated to employees, is decisive for the lawfulness of monitoring. The policy should state clearly whether corporate tools may be used privately and when reviews will take place.

Case Law

In applications concerning employers reviewing employees’ corporate emails, the Constitutional Court assesses whether the employee was informed in advance and whether the review was proportionate. The European Court of Human Rights also emphasised in Bărbulescu v. Romania the importance of informing employees in advance and limiting the scope of monitoring.

In Practice

If information obtained through monitoring will be used as evidence in a dismissal, the monitoring must have been lawful; otherwise the evidence may be disputed. In internal investigations, the scope of review and access rights should be set in advance and recorded; see Obtaining the Employee’s Defence before Termination.