An Overview of the Legal Aspects of Employee Surveillance Through Smart Systems in the Workplace

Abstract

It has become common for employers to supervise and surveillance employees within the scope of management right, with the development of technology. Employers monitor their employees especially through intelligent systems. It is important for the employer to exercise the right to audit in accordance with the general principles of data protection law and the protective principles of labour law. Because, the employee has fundamental rights such as privacy of his / her private life, protection of personality, freedom of thought and opinion, freedom of communication and these rights should not be damaged during surveillance. In this study, the legal basis of surveillance through smart systems, the limits of surveillance, sanctions of certain contradictory behaviors of employees in terms of labour law, by examining the court decisions, will also be discussed in the context of Labour Law and the Law on Protection of Personal Data.