The evidential value of the data obtained from supervision with the information technologies of employees and the effect of it on the labour contract

Employers monitor their workers for purposes such as measuring their productivity and performance, ensuring workplace safety, and fulfilling their legal obligations. Information technologies are frequently used in surveillance activities based on the employers' right to management and control. Systems used to monitor workers range from facial recognition systems to internet and e-mail usage monitoring; It can be quite diverse, from camera surveillance to global positioning system. The data obtained from such surveillance often constitutes the personal data of workers. While on the one hand, the employer has an economic interest in surveillance through information technologies, on the other hand, workers have fundamental human rights such as personal rights, confidentiality of their private lives and communications. The mentioned data can be used as a basis for the termination of the employment contract by the parties and can be put forward as evidence in trials. A fair balance must be established between the mentioned rights in resolving concrete disputes. In this study, the legal framework of surveillance with information technologies is drawn, the types of surveillance are explained, and it is explained in which cases the data in question can be considered as a reason for termination and can be taken as a basis for judgment as legal evidence in trials. Finally, legal remedies that workers can apply against unlawful surveillance activities are emphasized.