WHAT IS THE RIGHT TO BE FORGOTTEN?

We do almost everything in our lives over the internet. Therefore, a lot of information that defines us is easily available on internet pages. Our personal information, photos, videos can easily fall into the hands of third parties we do not know. In addition to the photos and videos that people take from their private lives and business lives and share, there are also a considerable number of photos and videos that are not taken by themselves but are taken by their close circles and by members of the press of well-known people and included in the news content. Of course, the news that is made does not always reflect the truth. This situation causes serious damage to the private lives and family lives of people, as well as causing their prestige to be shaken in business life or leading to serious project and financial losses. It is quite natural for a famous name who has previously participated in a competition and taken part in a project to be disturbed by the publication of real or unreal news made during these projects. Again, although people want to be talked about not their old relationships and private lives but their successes and work; unfortunately, these old news negatively affect future projects. In addition to the economic life of a person being harmed by false news, their psychology is also negatively affected; the family lives of people who start a new family and have children are also harmed by this situation.

It is possible to reach even real or fake news made years ago on internet pages with a simple search. In fact, for a news to be newsworthy; it must be current, real, measured and there must be a public benefit in publishing this news. On the other hand, a news made just to fill the news pages is not newsworthy because it does not contain an element of truth. Again, it is clear that a news made years ago will not benefit the public years later.

Article 20/3 of our Constitution of the Republic of Turkey states that “Everyone has the right to request the protection of personal data concerning him/her. This right includes being informed about personal data concerning him/her, accessing these data, requesting their correction or deletion, and learning whether they are used in line with their purposes. Personal data may only be processed in cases stipulated by law or with the explicit consent of the person.” Accordingly, individuals have the right to request the deletion or correction of news about them. This right granted in international terms is referred to as the “RIGHT TO BE FORGOTTEN”. Article 7 of the Law on the Protection of Personal Data, which is still very new, is also in line with this regulation. Accordingly, individuals do not have to tolerate news about them, whether true or not. It is possible to request the removal of news within the scope of the right to be forgotten with these regulations. Of course, it would be more appropriate to apply to the court with a petition stating that the legal requirements have been met through a lawyer who is an expert in the field. Otherwise, applications that are deficient or do not fully explain the subject are rejected by the courts. If you want to apply for the right to be forgotten and want the news, videos and content about you to be removed, you can make an appointment with the Korean Law & Mediation Office, which consists of lawyers who are experts in their fields.