The right to be forgotten is the right to request the removal of information about one's past from the internet and search engines that is no longer accurate, current or of public interest.
Legal Basis
- Constitution Article 20: Privacy of private life
- Constitution Article 17: The right to protect one's material and spiritual existence
- KVKK art.7 and art.11:Right to deletion/destruction of data
- Law No. 5651 article 9:Removal of content
- EU GDPR art.17: Right to erasure
Pandemic Decision of the Constitutional Court
Constitutional CourtN.B.B. In his decision numbered Application (B. No: 2013/5653), he stated that it is within the scope of the personal right of a person who has been tried and acquitted in the past or whose sentence has been executed to remove the news and content on the internet where his name is mentioned in this case. This decision paved the way for the right to be forgotten to be recognized at the constitutional level in Turkish law.
CJEU Costeja Decision (Google Spain v. AEPD)
This decision dated 2014 stipulated that search engines are "data controllers" and that they can request to remove links appearing in name searches.
Direct Application to Google
Google offers "Personal Information Removal Request Form" for the EU and Türkiye. Form content:
- Removal requested URL list
- First name/surname when searched
- Reason for why removal is requested
- The victimization suffered by the person
- Document / evidence
If Google refuses, a complaint can be made to the KVKK Authority or a direct lawsuit may be filed
.What Content Can Be Removed?
- Old convictions (sentenced or acquitted)
- Personal information from childhood
- News about dismissal from years ago (unless there is public interest)
- Background information regarding family/private life
- Old address, telephone, identity information
What Content Cannot Be Removed?
- Current contents processed as a public official
- Criminal cases still ongoing
- Professional records of famous people that are of public interest
- Scientific and historical records
Application to the Criminal Court of Peace through 5651/m.9
If Google refuses or if the content is directly requested to be deleted completely, access blocking or removal may be requested from the criminal judgeship of peace. The decision is made within 24 hours.
KVKK Board Approach
In complaints filed against Google, the KVKK Board has repeatedly ruled that since the personal data in the search results are visible to anyone searching, it is considered a data processing activity and that it must be removed from the search results upon the request of the person.
Process
Applications for the right to be forgotten require a detailed petition and technical follow-up; It is recommended that you seek professional support from an internet law lawyer.