HTS Records
HTS records stands for “Historical Traffic Search” and are historical records showing a person’s communication traffic. These records contain information about who called whom, when, for how long, and from which base station. HTS records can be accessed through court or prosecutor’s orders and are used as important evidence in investigating cases.
HTS record is a report containing historical data of a person’s GSM number, including caller, called party, call time, duration, location, and base station signal data. HTS stands for “Historical Traffic Search”.
What Do HTS Records Include?
- Caller and Called Numbers: Who called whom.
- Time and Duration Information: When the call started and how long it lasted.
- Base Station Information: Which base stations were used for communication.
- Distance and Location Information: Records indicate only the coverage area of the base station the person was connected to, rather than exact location.
- SMS and Internet Records: Messages and internet (data) usage can also be examined within HTS records.
How to Access HTS Records?
- Legal Process:
HTS records can only be requested through a court or prosecutor’s order.
- Request Method:
The court or prosecutor’s office requests HTS records from the relevant GSM operator through an official letter.
What Are HTS Records Used For?
- Evidence Evaluation:
Provides concrete evidence about people’s communications and locations in legal investigations.
- Case-Related Evidence:
In solving crimes, it shows where suspects or defendants were and who they communicated with during the time period of an incident.
- Prevention and Measures:
Can be used for measures that need to be taken before or after incidents.
- Record Retention Period:
In Turkey, HTS records can generally be stored for up to 5 years retroactively, subject to relevant legal regulations.
- Since the analysis of HTS records requires technical knowledge, it is usually performed by experts specialized in forensic informatics.
📡 Can Internet Traffic Information and HTS Records be Stored Forever?
🔍 What is HTS Analysis?
HTS (Historical Traffic Search) analysis is one of the forensic examination methods frequently used in digital evidence collection, covering phone calls, messaging, base station (location) data, and internet traffic information. However, how long this data can be stored and whether it constitutes valid evidence are subjects of important legal debates today.
⚖️ Precedent Decisions from ECHR: Indefinite Storage of HTS Data is Illegal
The European Court of Human Rights (ECHR) has clearly established in its recent decisions that exceeding legal limits for personal data retention constitutes a violation of the right to respect for private life (ECHR Art.8).
1. Škoberne v. Slovenia Decision
It stated that even communication data stored for just 14 months constitutes a “significant period” and interferes with privacy rights.
The ECHR emphasized that systematic collection and storage of communication data can only be done within limits necessary in a democratic society.
2. Borislav Tonchev v. Bulgaria Decision
The Bulgarian government was convicted for not deleting personal data after its retention period expired.
The ECHR ruled that privacy rights were violated due to ambiguity and unpredictability in regulations regarding data deletion.
How Long are HTS Records Stored in Turkey?
In Turkey, according to Electronic Communications Law No. 5809 and related regulations:
Telephone service providers: Maximum 2 years
Internet traffic data: Maximum 1 year
When these periods are exceeded, the collected data is considered illegal.
However, today courts can request HTS data going back 5-10 years, and BTK can transmit this data despite the legal retention period having expired. This situation clearly contradicts ECHR decisions.
⚠️ why is it Critical for Payphone and ByLock Cases?
ECHR decisions directly affect many cases, particularly ByLock and payphone investigations. Using HTS records and internet traffic data as evidence after the legal retention period has expired means:
Violation of the right to privacy
Infringement of the right to a fair trial
Violation of evidence prohibitions
The ECHR clearly considers the continued use of this data when it should have been deleted as a violation.
👨⚖️ What should be Done?
If you face HTS, payphone, or ByLock allegations, it’s critical to follow these steps:
Have experts check if the data retention period has been exceeded.
Include this information in your appeal and objection petitions.
If you plan to apply to the ECHR, include relevant precedent decisions in your file.
💼 What Does DNA Criminal & Forensic Informatics Do?
📊 We analyze the legal validity of HTS and internet traffic data.
🧾 We report whether data has exceeded legal retention periods.
⚖️ We evaluate the defensibility of obtained data in court.
📂 We provide technical support for ECHR application processes when needed.
❓ Frequently Asked Questions (FAQ)
HTS Records – Internet Traffic – Forensic IT Examination
📌 What is HTS (Historical Traffic Search)?
HTS is the examination of communication traffic records showing who a person called, who called them, when they talked, and which base stations they were connected to. This analysis is an important source of digital evidence in forensic processes.
📌 how Long Can HTS Records be Stored?
In Turkey, internet traffic data and HTS records can be stored:
By telephone operators for maximum 2 years,
By internet service providers for maximum 1 year
Storing data beyond this period is illegal
📌 Can Expired HTS Records be Used as Evidence in Courts?
No. According to European Court of Human Rights (ECHR) decisions, HTS and internet traffic data obtained after the storage period has expired violates the right to privacy and constitutes illegal evidence.
📌 What are the ECHR’s Decisions Regarding HTS Records?
In the Škoberne v. Slovenia and Borislav Tonchev v. Bulgaria decisions, the ECHR found:
Use of expired communication data,
Ambiguity in storage periods,
Unauthorized access and data processing
to be contrary to ECHR Article 8 (right to privacy)
📌 Can BTK (Information Technologies Authority) Store this Data Indefinitely in Turkey?
No. BTK sharing data beyond the retention period with courts constitutes a serious rights violation according to ECHR criteria. Laws do not grant these institutions indefinite storage authority.
📌 in which Legal Proceedings are HTS Records Used?
HTS analyses are particularly used in:
Payphone investigations
ByLock usage allegations
Organized crime and terrorism cases
Murder and serious criminal trials
📌 Can I Object to Expired HTS Records?
Yes. You can object on grounds of illegal data retention and request removal of these records from the file under evidence prohibitions. You can also file a rights violation complaint citing ECHR precedents.
📌 Can Location be Determined through HTS Records and Internet Traffic?
Yes, approximate location can be determined through base station information. However, since this data can be misleading, expert forensic analysis is needed.
📌 where Can I get an HTS Analysis Report?
As DNA Criminal & Forensic Informatics, we analyze your HTS and internet traffic data and prepare an expert report. We provide legally valid, technically defensible files. Contact us →
📌 What Documents should I Submit Regarding HTS Data when Applying to the ECHR?
Operator/BTK data records
Prosecutor’s office or court correspondence
Documents showing evidence period has expired
Regulations regarding HTS retention period
ECHR precedent decisions (Škoberne, Tonchev, Ekimdzhiev etc.)
📌 is it Possible to Destroy HTS Records?
If the legal retention period has expired, this data must be destroyed. Keeping the data in the file is contrary to personal data protection and privacy principles.
📌 how is HTS Analysis Conducted?
HTS analysis is the forensic examination of communication data such as phone calls, SMS records, and base station locations. Data is legally obtained from operators and analyzed using special software for time, location, and person-based analyses. These analyses are used as critical evidence in crime solving.
📌 are HTS Records Useful in Divorce Cases?
Yes. HTS records in divorce cases can be used as supporting evidence to prove claims such as infidelity, secret relationships, or frequency of communication. However, they may not be sufficient alone; they are usually evaluated together with other digital evidence.
📌 Can HTS Data be Evidence in Murder Investigations?
Yes. HTS records in murder investigations provide critical information such as the suspect’s location at the time of the incident, who they communicated with, and their movement history. This data helps create a timeline of events and determine whether the suspect was at the crime scene.
📌 how are Base Station Records Examined?
Base station records are location data showing which areas a person was in at what times. These records are visualized using map-based software and data analysis tools. Location analysis at the time of the incident helps determine whether a person was in the alleged area.
📌 are HTS Reports Valid in Court?
Yes. HTS reports are accepted as valid evidence in courts if they are legally obtained and prepared by experts. However, the content, acquisition method, and analysis accuracy of the report are decisive for legal validity.
Contact
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