An important decision came from the Supreme Court regarding employees who use WhatsApp for work purposes. The court ruled that it is unlawful to examine personal messages on devices such as phones, computers and tablets allocated by the employer and use them for the purpose of dismissing the employee without compensation, and that such data cannot be used as a reason for termination. A personnel who worked as an engineer in a company for 5 years filed a lawsuit because he was assigned to jobs outside his title, his premiums were not paid, and his device was confiscated without being allowed to delete his personal data on the company phone on the day his employment contract was terminated.
The employee claimed severance and notice pay, annual leave and premium receivables, as well as non-pecuniary damages on the grounds that his personal rights were violated. HE TERMINATED THE EMPLOYEE’S EMPLOYEE CONTRACT. The defendant company’s lawyer argued that the termination was justified due to violation of the rules of morality and good faith. The company claimed that the employee’s WhatsApp messages were accessed during the examination of the recovered phone.
The employer claimed that the employee insulted the employer and his colleagues in his messages, and also took photos of female employees and sent them to others. The employer argued that since the phone was company property, the data on it also belonged to the company, and stated that he terminated the employment contract by recording the messages in question. As a result of the case, the local court rejected the employer’s defense and ruled that the termination was unfair and that the employer should pay non-pecuniary damages.
Evaluating the issue, SSI Chief Expert İsa Karakaş stated that the court’s decision was appropriate. THE SUPREME COURT APPROVED THE DECISION The following statements were made in the decision of the local court: “The fact that the ownership of a device belongs to the employer does not give the employer the right to examine the private life of the personnel using that device, read their personal messages and record them.
The employer has clearly violated the privacy of private life. WhatsApp messages obtained illegally cannot be grounds for termination. Therefore, the termination is unfair.” Following the local court’s decision, the employer filed an appeal. However, the Regional Court of Justice rejected the application on merits. Finally, the Supreme Court found the decisions of the lower courts to be lawful, rejected the employer’s appeal request, and unanimously approved the decision.
FOUND TO BE UNLAWFUL According to the precedent decision, even if the devices allocated to the personnel are company property, the personal correspondence of the employees is considered within the scope of constitutionally guaranteed privacy. Therefore, it is considered unlawful for the employer to review these messages. The decision also stated that the data obtained by examining the device without permission cannot be used as evidence in courts, regardless of their content.
It was emphasized that unauthorized examination of the employee’s digital data not only makes the termination unfair, but also constitutes an attack on personal rights and gives rise to liability for non-pecuniary damages. Experts also stated that the decision is a precedent and that it is against the law for employers to examine personal data on devices allocated to their personnel without permission.
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