The right to be forgotten is a right recognized in Türkiye by the KVKK Board decision (2020). It gives the person the right to remove his/her past from the search results.
4 Criteria Evaluation (KVKK Board)
- Content should be up-to-date (as news/information)
- Relevant person position between the content and the applicant
- Public interest (news, freedom of expression)
- The applicant's public access duty/fame
Process
- A "Rights Removal Form" is filled out at Google (within the scope of KVKK)
- Google makes an evaluation
- If rejection comes, complaint to the KVKK Board
- Board's decision is binding
Typical Accepted Scenarios
- News of a penalty given years ago (conviction lifted)
- Canceled enforcement proceedings
- Old indictment news after acquittal
- Personal events (divorce, illness)
Rejected Cases
- Politician, bureaucrat news
- Current defendant/defendant cases
- Important public interest
KVKK Board Decision
KVKK Board (2020 application decision) accepted the right to be forgotten in line with "CC jurisprudence + GDPR principles" and opened the way for application to search engines.Request Against Content Source
It is also possible to apply to the content source with 5651/m.9/A. Both methods can be used together.
Internet law and KVKK lawyer is recommended.