Abstract:

Relationship between security and freedom gained momentum in the twenty-first century. In the recent rapid development of communication dizzying, people have fallen into lack of confidence  about private life. Where there is no confidence to talk about freedom was pointless. While on the one hand the state measures about security, on the other hand worked on the protection of privacy of private life. The state who fighting crime and criminality, understood the need to create boundaries in security. Albeit for safety reasons, interference should be clear with private life about in which limits and how. Although interfering in private life is undesirable, on the grounds that no freedom is absolute and unlimited, recognized the outhority of the State interfering in private life, under certain circumstances. Today, technological advances offer unlimited possibilities in the field of communication, especially among the people and masses. This technological possibilities, are closely monitored by criminal organizations who tried in every way to privacy, and used in communications with each other between the members of organization. For this reason, freedom of the communication can be interfered by security and intelligence agencies within the framework of Constitution and existing laws. Also the eigth item of the European Convention on Human Rights (ECHR) which Turkey ratified, enables to this situation. In this framework, it is important to be taken up and re-evaluated of controlling communication in prevention (or intelligence) purpose especially within the legal regulations. While examining the controlling communication in prevention purpose, evaluation was made within the framework of its laws and European Convention on Human Rights rather than the laws of other countries.

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