Digital monitoring of worker performance with artificial intelligence-based systems and protection of personal data

Our study focuses on how a balance should be struck between the employer's right of management and the right to protect the personal data of workers in the processes of monitoring worker performance with artificial intelligence-supported digital systems. With technological advancements, it has now become possible for employers to monitor employees digitally. In addition, the data obtained during the digital monitoring process is analyzed through artificial intelligence systems and used in performance evaluations. However, this practice brings with it the risk of breaching workers' personal data. In this context, the concept of personal data, personal data of employees, the concept of digital monitoring and the intersection of these technologies with labor law, the concept of artificial intelligence and the "black box" problem that may arise in the decision-making processes of these systems were evaluated in detail in the study. Our study consists of three parts. In the first part, the concept of personal data, its elements, legal nature, and national and international regulations regarding its protection are explained. In the second part, the concept of digital monitoring, its methods, the concept, development and legal dimensions of artificial intelligence are discussed. In the third section, the relationship between the employer's right to manage and performance monitoring, the fact that the employee's rights over personal data limit the employer's right to manage, the impact of artificial intelligence on automated decision-making processes and the negative consequences of these processes on the employees' right to the protection of personal data are discussed. Finally, the rights of workers in this regard were mentioned. As a result, it was emphasized that a fair balance should be established between the employer's aim of increasing productivity and the employee's right to the protection of personal data, and that the automated decision-making processes of artificial intelligence should be operated in accordance with the right to the protection of personal data. In this regard, it has been stated that digital monitoring and automated decision-making should be carried out in accordance with the principles of legitimate purpose, proportionality, data minimization, transparency and accountability.