THE RIGHT TO BE FORGOTTEN ON THE INTERNET

Individuals who experience blackmail and pressure due to past online content, including images or writings, found on the internet or social media, can overcome these problems with the "right to be forgotten online.".

In its 2015 decision, the Supreme Court's General Assembly of Civil Law directly referenced a ruling of the European Court of Justice when discussing the "right to be forgotten." According to this ruling, the right to be forgotten is defined as "the right to request that negative events from the past, stored in digital memory, be forgotten after a certain period, that personal data that one does not wish others to know be deleted, and that its dissemination be prevented, unless there is a superior public interest."

According to Article 20 of the Turkish Constitution,

Everyone has the right to respect for their private and family life. The privacy of private and family life is inviolable.

Everyone has the right to request the protection of their personal data. This right includes the right to be informed about personal data concerning them, to access this data, to request its correction or deletion, and to learn whether it is being used for its intended purposes. Personal data may only be processed in cases stipulated by law or with the explicit consent of the individual. The principles and procedures regarding the protection of personal data are regulated by law.

Article 9 of the Law on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications states that individuals, legal entities, institutions, and organizations claiming that their personal rights have been violated due to the content of publications on the internet may request the removal of the content from publication by contacting the content provider, or if they cannot reach the content provider, the hosting provider, through a warning method, or they may directly apply to the magistrate's court to request that access to the content be blocked.

Penal Aspects

According to the Law on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications, a hosting provider who fails to register or fulfill their obligations under this Law will be subject to an administrative fine ranging from 100,000 Turkish Lira to 1 million Turkish Lira. If the recipient is located abroad, the Information and Communication Technologies Authority (BTK) will notify the recipient directly via email or other means of communication using information obtained from communication tools, domain names, IP addresses, and similar sources on internet pages. According to the Notification Law, notification is deemed served five days after the date of notification.

For more information on this matter, you can consult with our firm's experienced IT lawyers.