Önleyici, Koruyucu Faaliyetler ve Meşru Menfaatler Bağlamında İşçiye Ait Kişisel Verilerin İşlenmesi

Abstract

In the employee-employer relationship, the employee is particularly dependent on the employer both legally and economically. As a result of this situation, the employer is likely to process the employee's personal data unlawfully. The Protection of Personal Data Law No. 6698 was officially published on April 7th 2016. This law includes general regulations. However, no direct special regulation has been made regarding how the personal data of the employee will be secured. As a result for this reason, in our research, it has been examined how the Law No. 6698 will affect the business relations by also mentioning the international regulations. In this study, it is emphasized how the concept of legitimate interest expressed in article 5/2 f of The Protection of Personal Data Law No. 6698 and preventive protective activities applied in cases requiring public interest specified in article 28/1 ç should be evaluated in business relationship. In this context, the aforementioned general provisions stated in the Law have been tried to be embodied with examples in practice. The applicability of the provisions including article 5/2 f and article 28/1 ç of The Protection of Personal Data Law No. 6698 in the business relationship has been examined within the scope of precedent case and personal data protection board decisions.