Özet:

Abstract Purpose: : Internet traffic data of internet users are personal data and the conditions for collecting and storing internet traffic data are subject to some limitations. The right to protection of personal data is protected by the Constitution and international conventions. In order for the intervention to be deemed lawful, it must meet the criteria of being prescribed by law, being aimed at a legitimate purpose, and being necessary in a democratic society. Administrations' actions that exceed these limits should be discussed in the doctrine as well as necessitating judicial review. This study aims to investigate the legality of the collection of internet traffic data of all internet users in Turkey by the Information and Communication Technologies Authority. Method: In this study, firstly, the structure and duties of the Information and Communication Technologies Authority as a regulatory authority are defined, and then the administrative action of the Information and Communication Technologies Authority regarding the subscriber pattern board decision and the request to collect subscriber traffic data from internet service providers is explained. The legal characterization of the concept of traffic data and the nature of personal data are examined and the collection of internet traffic data by the Information and Communication Technologies Authority is evaluated in the light of domestic law, international conventions, decisions of the European Court of Human Rights and the European Court of Justice. Findings: It is evaluated that the Information and Communication Technologies Authority's collection of Internet Service Provider traffic data will be contrary to national and international legislation and case law. Originality: There is no study on the collection and storage of subscriber traffic data in the Turkish legal literature. The evaluation of ICT's traffic data collection procedures is another distinctive feature of this study.

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