Decision Of The Constitutional Court

A Precedent by the Turkish Constitutional Court on Employees' Right of Privacy and Freedom of Communication

In its recent decision concerning a case where the information which was obtained by the employer as a result of the inspection of another employee's messages with the applicant on the mobile phone allocated for use of work has been used as the ground for the termination of the employment contract of the applicant by the employer, the Turkish Constitutional Court ( “TCC” )has decided that the termination of the employment contract of the applicant by the employer, by inspecting private correspondence of the employee by using its power of surveillance authority, violates “Privacy” and “Freedom of Communication” rights of the employee.