Article

Rights Caught in the “Dragnet”: A Critical Analysis of Preventive Data Mining in Türkiye

Original title: “Trol Ağı”nda Takılan Haklar: Türkiye’de Önleyici Veri Madenciliğinin Eleştirel Analizi

Data mining applications are increasingly employed by law enforcement agencies to detect and prevent crimes. Yet, the practice of data mining for preventive purposes, pioneered in Germany, lacks a robust legal foundation in Türkiye. This regulatory gap necessitates the establishment of a comprehensive legal framework governing data mining practices, particularly regarding access to private databases. While data mining can enhance crime prevention effectiveness, it simultaneously presents significant risks to personal data protection. This paper critically analyses Türkiye’s legal environment, referencing Constitutional Court rulings and European Court of Human Rights (ECtHR) jurisprudence, and concludes that clear legal regulations are essential to safeguarding personal rights and freedoms which was and are continually being violated by Türkiye.

Published in
Terazi Hukuk Dergisi, Sayı 241, Eylül 2026, ss. 119–140
Language
Turkish