Right To Be Forgetten

Considering case-law and doctrine, upon request of the data subject the right to be forgotten means removal of content relating to personal data which loses its legitimate purpose. The right to be forgotten provide to prevent that it is affected in a negative way of person’s future via an event caused by the third party or his own will on the person’s past. It is uncontested that the effect to improving of development level of society quality that getting rid of negative effects encountered on the individual past, as well as benefit of individual is to shape his future. Unless best public interest, the right to be forgotten may be expressed as a demand right of prevent of the dissemination and the erasing of personal data that is not desired knowing by third person and after a while forgotten adverse events on his past in digital memory. Together with the right to be forgotten, in a sense although the equilibrium between the public interest and the benefit of the individual needs in the first place to benefit of being presented of images, pictures and news to third person due to currency visible reality, public opinion and public benefit, Later on because of informations losing the currency, the individual subjecting to photos, images and news, This time, the reachable to information which will always provide within public’s opinion knowledge and due to remaing on the agende of public’s opinion come into the forefront individual’s benefit.

Beside including to force third people’s hand for erasing content about themselves such as internet dairy and photos, it is deemed that demand right to erasing pictures and informations that can cause negative comments about them or informations regarding punish in the past. On the other hand, hereby right get required taking measures in order that certain aspects on the individual’s past are not impossibly remembered.

The European Court of Justice stated that before popularizing internet, that private lives regarding people’s past are not deleted in time, even if any record is saved regarding people’s past difficulty of getting to this record is allowed to maintain people’s life independently from own faults which is occurred in past on the ‘’Google Decision’’ numbered C-131/12 but nowadays a simple Internet research have declared that what people do in the past and mistakes they did not want to remember and / or remembered can easily reach. As a result of getting easy of accessing to news archive, it is created virtual environment which does not allow to forgotten news about people’s. When this situation is considered together with the prevalence of the Internet, it has strengthened consistently fronting possibility of matters what individuals did in past and they don’t desire to remembered. The Freedom of expression and press and the right to reputation and honor are the fundamental rights and freedoms that require equal protection. For this reason, it is obligatory to restore the deteriorated balance between the two fundamental rights. In this context, the right to be forgotten is indispensable in order that reinstituted a fair balance. In the light of this decision, even if the personal data is processed and published completely, validly, legally although data is not require to be held for historical, statistical or scientific it is deemed that data owners can request to deleted data which is irrelevant, exceeded the purpose of processing, not be actual purposes as claimed saved in the system in overtime.

The right to be forgotten was accepted by the ECJ with the GOOGLE Decision for the first time, also The Constitutional Court has also explicitly accepted and beside it has been mentioned the concept of the right to be forgotten on the decisions of the Supreme Court. In the light of all these developments, the right to be forgotten, although the frame is not fully scratched, it can be expressed that it is a part of both international law and national law.

De Lege Ferenda!