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E-mail Supervision
In today’s world all types of communications are realized in virtu-
al platforms. Therefore, employers must provide computers to their
employees as a result of their obligation to provide convenient work-
ing conditions. Generally, companies create personal e-mail address
accounts to whom they provide a computer. Naturally, employers may
require their employers not to use these computers, e-mails or pass-
words apart from working purposes, or to abstain from behaviors that
may harm the employer. Accordingly, despite these computers and e-
mails that are used by employees, they belong to the employer, and are
provided for the realization of work as defined in the employment
agreements, and are not to be used for storing personal data; therefore,
they form a part of the working organization.
Pursuant to decision numbered 2009/447 E of the 22
th
Civil
Chamber of the Court of Cassation (“Decision Numbered 2009/447”)
3
,
it is clearly stipulated that “
the employer has the right to supervise the
computers at any time, as well as the e-mail accounts, and incoming
emails that belong to him.
” In the case that is the subject of this deci-
sion, even though the Claimant alleged that the correspondence is
related to private life and must legally be protected, the Court of
Cassation did not accept this argument, finding that the relevant corre-
spondences had been realized by the computer and email accounts that
had been provided to the employee to perform his work. Through this
decision, one may conclude that the data stored in the computers and
email accounts of the employer are not protected as personal data
under Constitutional Law.
Research conducted by the American Management Association
exhibited that 77.7% of the employers save and supervise phone calls,
e-mails, internet access, and computer files of their employees in the
USA. Such monitoring occurs in Turkey, as well. Therefore, employ-
ees who work in private sector must be aware that these computers and
e-mail accounts are under the control of their employers and may be
monitored at any time.
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NEWSLETTER 2015
3
Please see the decision of the 9
th
Chambers of the Court of Cassation, dated 13.12.2010, num-
bered 2009/447 E, 2010/37516K. in the relevant matter.