The president of the Turkish Lawyers Association has argued that is illegal to require travelers to enter their personal information in order to obtain an Istanbulkart, the mass transit card used to get around the metropolis of Istanbul, underlining that the move is unconstitutional.

Following the Istanbul Metropolitan Municipality's (IBB) decision to customize its Istanbulkarts, association head Ahmet Yılmaz said that any move that puts limits on the freedom of travel without a legal basis is an unfair interference. Yılmaz underlined that the card is only intended for travel and personal information was not required in the past, stressing that it should be accessible to all users.

Sharing his opinions on the matter, Yılmaz said: "Whether traveling domestically or from abroad, many use Istanbulkart. This is the logical outcome of people's fundamental right to use these services and to travel freely. Article 23 of the Constitution guarantees this right. All forms of limitations and challenges are unwarranted intrusions on the right to travel freely, which is expressly protected by the Constitution."

Meanwhile, Merve Bayram, a lawyer specializing in data protection working for the Personal Data Protection Authority (KVKK), stated that it would be illegal to force users to enter personal information in order to use the travel pass. Bayram believes that users of customized Istanbulkarts should be made aware of how their personal data is being processed and be given the opportunity to opt-in, or out. It is illegal to use travelers' personal data if there is no way to personalize it or use it anonymously, Bayram explained, adding that doing so would be a violation of the constitutional right to freely move.

In addition to filing a complaint with the KVKK board, Bayram stated that individuals whose personal data is processed improperly may also sue for a violation of their rights in court.

"Those who do not wish to reveal their personal data should have another card," she suggested.

Attorney Siyar Alpaslan, meanwhile, said that the legality of the personalized cards is up for debate.

Alpaslan stated that the application violates the law by requiring users to give their consent to the collection and processing of their data for purposes unrelated to transportation, even if they only intend to use the card for transportation since it can be used at a number of stores and other locations. Additionally, a different card will have to be made available to residents who wish to use public transportation but do not want the card that can be used as a payment method or to share their personal information.

Lawyer Murat Türkyilmaz, the ruling Justice and Development Party (AK Party) IBB Assembly group spokesperson, also said that IBB has created an application that requires all anonymous Istanbulkarts to be personalized by Dec. 31, 2022.

Türkyilmaz declared, "According to Article 23 of our Constitution, this application restricts the freedom of movement. The claim that IBB implemented this program to show compassion and deny free transportation to foreign nationals over the holidays is a blatant lie. No one will take their private information with them when they travel. You are not permitted to use Istanbulkart as a tool for your business operations."

In order to use Istanbulkart's payment tool features, users must provide their personal information. However, not all regular users of the public transportation system can be subject to this requirement, according to Türkyilmaz, who also claimed that IBB has committed a crime and that they will investigate the matter. Türkyilmaz stated, "It is written that individuals who do not switch to a customized card according to this rule will continue to use an anonymous card. This regulation is also in conflict with the law adopted in the IBB Assembly in 2020. Without submitting a change proposal to the IBB Assembly, such a regulation cannot be made."

"The assembly's wishes are simply disregarded by this application. We will keep using the appropriate legal channels and objections for the benefit of Istanbul citizens."

IBB stated that users' Istanbulkarts should be customized by Dec. 31, 2022, according to Nihat Narin, general manager of BELBIM A.S (BELBİM Electronic Money and Payment Services Inc.), a subsidiary of IBB.