Notification to the IND (September)
27/09/2024
Çamurşen/Türkiye Kararı: İnternet Trafik Verilerinin Saklanması ve Sistematik Hak İhlalleri
26/12/2024
On 12/12/2024, the European Court of Human Rights (ECtHR) announced its decision on the Çamurşen application alleging violation of the right to private life due to the storage of internet traffic data for longer than the prescribed period. Although the same issue was raised in the Yalçınkaya v. Turkey application, the ECtHR did not examine it under Article 8, citing its decision of violation under Article 6. Çamurşen’s application was important in terms of the ECtHR’s approach to the issue, as it was filed with a direct violation of Article 8. This was because more than a hundred thousand people in Turkey had been penalized on the basis of internet traffic data kept for longer than the prescribed period. However, the ECtHR rejected this application on the grounds that domestic remedies had not been exhausted. According to the ECtHR, the applicant should not only have resorted to criminal remedies, but should also have filed a lawsuit for compensation before administrative and civil courts.
In this study conducted by our Foundation; the procedure of storing internet traffic data in the legislation and the criticism and evaluation of the Çamurşen decision in this context are included.
