In its decision published in the Official Gazette dated November 15, 2022, the Constitutional Court defined the investigation of the employee's mobile phone correspondence by the employer as a violation of fundamental rights and freedoms.
In the individual application filed with the Constitutional Court on allegations of violation of the right to respect for private life and freedom of communication, the high court found the application acceptable in terms of the allegations of violation of the right to respect for private life guaranteed in Article 20 of the Constitution and the violation of freedom of communication guaranteed in Article 22 of the Constitution.
In the decision of the Constitutional Courtdated September 21, 2022 and published in the Official Gazette No. 2019/25604, dated November 15, 2022 and numbered 32014, the individual application filed by the employee due to the lawsuit in which the content of the mobile phone messages of the employee was examined, the information obtained and the employment contract of the employee was terminated. settled in his favour. The Constitutional Court stated that the evidence obtained by violating the privacy of private life cannot be taken as the basis of the judgment, and that the evaluation of this against the employee violates the privacy of private life and gave a violation decision in favor of the employee. Privacy of private life, one of our fundamental rights and freedoms protected by the Constitution, is regulated in Article 20 of the Constitution. Freedom of communication is enshrined in Article 22 of the Constitution. The Constitutional Court ruled that these rights cannot be violated arbitrarily. He sent the file to the Istanbul Anatolian 7th Labor Court for retrial. In addition, the Constitutional Court rejected the applicant's request for financial compensation due to the trial fee paid.
For details see:
https://www.resmigazete.gov.tr/eskiler/2022/11/20221115.pdf
