ANKARA – Personal Data Protection Board (KVKK), signed an exemplary principle decision that closely concerns millions of employees and especially healthcare personnel working in hospitals.. Board; Fingerprinting used for overtime tracking, facial recognition, It ruled that biometric data processing methods such as iris and retina scanning are unlawful.
The decision taken against these digital control systems, which are widely used especially in healthcare institutions., Redrawing the boundaries of data security in working life.
”Even Explicit Consent Is Not Enough”
In the published decision, Elements such as fingerprints and facial data are not ordinary personnel information., unchangeable and personalized “special personal data” It was emphasized that it was included in the scope of.
KVKK, employers from employees “express consent” He pointed out that the fact that he had received a license would not legitimize this practice.. In the justification of the decision, Due to the nature of the employee-employer relationship, It was stated that it is controversial whether the employee gave his/her consent completely with his/her free will..
”A Password Can Be Changed, But A Fingerprint Cannot Be Changed”
The decision drew attention to the risks of data security and included the following statements::
”A password can be changed in case of cyber attack, a card can be renewed; However, if the personnel's fingerprint or facial data is stolen, it is not possible to return or compensate for this.. Therefore, while overtime control is ensured, The privacy and fundamental rights of employees must be respected.”
Alternative Methods Stand Out in Digital Audit
KVKK, In order to ensure discipline and overtime monitoring in hospitals and other institutions, less affecting the privacy of healthcare professionals, “in accordance with the principle of proportionality” and stated that less intrusive methods should be preferred.
The legal alternative systems pointed out by the Board are as follows::
Encrypted card systems and PIN-based logins,
Turnstile and card pass applications,
