What is the right to be forgotten?
The right to be forgotten (unutulma hakkı) is a person’s claim that information about them which is no longer accurate, relevant or of public interest should stop being easily accessible, most often by removing links from search results for their name (delisting) or by anonymising an old online article. It does not erase lawful journalism: accurate reporting on matters of public interest is protected by freedom of expression and of the press.
Legal basis in Türkiye
- Court of Cassation: the General Assembly of Civil Chambers recognised the right in its decision E. 2014/4-56, K. 2015/1679 of 17 June 2015.
- Constitutional Court: in the individual application N.B.B. (No. 2013/5653, 3 March 2016, Plenary), the Court found a violation of the right to protection of honour and reputation where old news about the applicant remained accessible, while stressing that an online news archive as a whole is protected by press freedom.
- Data protection law: the Personal Data Protection Law No. 6698 (KVKK) requires erasure, destruction or anonymisation once the reasons for processing cease (Article 7), and data subjects may request it (Article 11). In decision 2020/481 of 23 June 2020, the KVKK Board treated search engine operators as data controllers and published criteria for delisting requests, such as the person’s public role, whether they were a minor, accuracy, the time elapsed and whether the information concerns a criminal matter.
In the EU, Article 17 of the GDPR and the Court of Justice’s rulings (Google Spain, C-131/12, and Google v CNIL, C-507/17) set the parallel framework; EU delistings are generally applied to European search services rather than worldwide.
How it is used
The usual sequence is: ask the publisher to update (for example, add a later acquittal) or anonymise the article; apply to the search engine for delisting; if refused or unanswered, complain to the KVKK Board under Articles 13 and 14 of the KVKK; and, where the source itself must go, bring a civil action under Articles 24 and 25 of the Turkish Civil Code. Erasure of a criminal record entry does not remove news coverage. Our full guide: Right to be forgotten in Türkiye: removing old news from search results.
Can a company rely on the right to be forgotten?
The KVKK protects natural persons only, so a company cannot use the data protection route for itself, and search engines usually do not delist for legal entities. A company’s directors or employees named in the content may have their own claims; the company relies on personality rights and unfair competition rules (see complaint sites and online reviews).
Does delisting delete the article?
No. The page stays online and can be found by other search terms or directly. Delisting removes the result for searches on the person’s name.
Sources. Court of Cassation General Assembly of Civil Chambers, E. 2014/4-56, K. 2015/1679 (17.6.2015); Constitutional Court, N.B.B., No. 2013/5653 (3.3.2016); Law No. 6698 (KVKK), Articles 7, 11, 13, 14 and 28; KVKK Board decision 2020/481 (23.6.2020); Regulation (EU) 2016/679, Article 17.