Erasing Digital Footprints: The Right to be Forgotten and Its Applications in Turkey

It is at this juncture that individuals' desire to shed these permanent digital imprints and protect their privacy gives rise to the concept of the "Right to be Forgotten." So, what exactly is this right, how has it been incorporated into Turkish law, and under what conditions can it be exercised? As Demirışık Law Firm, in this article, we will delve into the legal nature, scope, and practical applications of the right to be forgotten.

The right to be forgotten, in its most basic definition, is the right to request the deletion, blocking of access, or removal from search engine results of personal data published on the internet, under certain conditions. This right is an extension of the constitutional guarantees relating to individuals' honor, reputation, privacy of private life, and the right to protection of personal data, adapted to the digital world. It has gained widespread international recognition, particularly with the European Union's General Data Protection Regulation (GDPR), enabling individuals to manage their digital reputations.

The evolution of the right to be forgotten in modern legal systems generally accelerated with the "Google Spain" ruling delivered by the European Court of Justice in 2014. This decision ruled that search engines are data controllers in the processing of personal data, and under certain conditions, individuals can request the removal of old and no longer current information about themselves from search results. In Turkey, this right has not been established by a direct legal regulation but has developed through Constitutional Court decisions and Supreme Court precedents. Specifically, the right to privacy of private life guaranteed under Article 20 of the Constitution and the right to protect and develop one's material and moral existence under Article 17 form the fundamental basis of the right to be forgotten. Furthermore, the rights to data erasure, destruction, and anonymization under the Law on the Protection of Personal Data (KVKK) No. 6698 also play a significant role in the implementation mechanisms of the right to be forgotten.

For the right to be forgotten to be exercised in Turkey, specific conditions must be met. According to the criteria set forth by the Constitutional Court and the Supreme Court, the following points are considered when requesting the removal of information or content from the internet:

1. **Loss of Timeliness:** A significant period has passed since the information was published, and it has lost its topicality. The event's ability to attract public attention has diminished.

2. **Public Interest Balance:** A delicate balance must be assessed between the public interest in keeping the information public (e.g., freedom to inform, right to access news) and the applicant's right to privacy and personality rights. It is questioned whether continued access to the information provides a public benefit. This balance is especially crucial for public figures.

3. **Loss of News Value:** The published information or news has lost its initial value of reporting or public opinion formation.

4. **Interference with Personality Rights:** The continued accessibility of the information seriously infringes or harms an individual's personality rights (honor, reputation, private life).

5. **Accuracy of Information:** The accuracy of the requested information alone does not prevent the exercise of the right to be forgotten; what matters is that it has lost its timeliness.

Within the framework of these conditions, especially old news, outdated court decisions, or personal data that could negatively affect an individual's future life may be evaluated under the scope of the right to be forgotten.

It is important to note that like every right, the right to be forgotten is not absolute and is subject to certain limitations. These limitations usually arise when conflicting with other rights such as freedom of expression, freedom of the press, freedom to receive news, scientific or historical research purposes, and public interest-related rights like informing the public. For example, in cases involving significant events of public interest, criminal acts, or situations where societal memory must be preserved, the right to be forgotten may be restricted. Especially when news published within journalistic activities is part of the duty to inform the public, removing such content can be more challenging. The fundamental principle here is to strike a fair balance between conflicting rights.

An individual wishing to exercise the right to be forgotten must first apply to the relevant data controller (e.g., website administrator, search engine provider). Under KVKK, a response to this application must be provided within 30 days. If the data controller rejects the request or fails to respond within the period, the individual can file a complaint with the Personal Data Protection Authority (KVKK). If the Authority's decision is not satisfactory or if the legal process needs to be taken to a different forum, judicial remedy can be sought. In Turkey, lawsuits concerning the right to be forgotten are generally filed in civil courts of first instance, requesting the removal of content or its exclusion from search results. Since this process can be complex, obtaining legal support from a specialized law firm is of great importance.

Ensuring individuals' privacy and control over their personal data in the digital world is one of today's most crucial legal issues. The right to be forgotten, in this context, is a critical tool that offers individuals the opportunity to erase their past digital traces and step into the future more freely. However, the exercise of this right must be balanced with other rights such as freedom of expression and public interest. As Demirışık Law Firm, we meticulously evaluate our clients' requests regarding the right to be forgotten within the framework of Turkish legal regulations and international standards, taking the necessary legal steps to protect their rights by offering comprehensive consultancy and litigation tracking services. You can contact us when you need legal support concerning your digital reputation and the protection of your personal data.