Kişisel Verilerin Korunması Kapsamında Unutulma Hakkı

Abstract

All industries have embraced technological development and transformation in the current digital era. Data has served as the foundation for transformation in this process. Personal data now faces more dangers than ever before because of the significance of data, which has emerged as the pioneer of change and transformation. The concept of protecting personal data, which is strongly tied to personality values and the privacy of individuals' private and family life, has emerged in response to threats to personal data. Parallel to technological advancements, the ease of data collecting, storage, and distribution has made it more challenging for individuals to control their personal data. In this context, the concept of the right to be forgotten has emerged as a response to the requirements of the age. In our opinion, one of the most important tools in the successful protection of personal data is the right to be forgotten, which restores lost control. As a matter of fact, the right to be forgotten is a very important tool for the protection of personal data in the face of the convenience brought by the age of technological developments, and therefore for re-establishing the balance that has deteriorated against private life and personality values. In our study, the right to be forgotten within the scope of the protection of personal data has been discussed in a comparative way, mainly within the framework of international legal texts and the fundamental data protection legislation of various legal systems. In this context, in the first part of our study, the conceptual framework of the right to be forgotten was drawn, the historical development of the right, its appearance, elements, scope and limitations were examined, and the main discussions on the right to be forgotten were included. In the second part, the concept of protection of personal data, which forms the basis of the right to be forgotten, has been examined from the perspective of comparative law within the framework of legal texts and regulations, and the main regulations that are the basis of the right to be forgotten are discussed. In the last part, the methods that can be applied within the framework of Turkish law in violation of the right to be forgotten and examples of administrative and judicial decisions regarding the right are given.