How to Exercise the Right to Be Forgotten in Turkey — Search Engine De-Listing Requests

The right to be forgotten refers to a person's ability to request that links appearing in a search of their name — links that are outdated or harmful to them — be removed from search engine results.

Legal Basis for the Right to Be Forgotten

In its decision of 8 December 2020, No. 2020/927, the Personal Data Protection Board recognised that search engines also qualify as data controllers under the KVKK, and that right-to-be-forgotten requests can be directed at these operators. This right rests on a balance between the right to erasure, destruction, or anonymisation set out in Article 7 of the KVKK, and freedom of expression.

The Application Process

The data subject first applies directly to the search engine, requesting that a specific link appearing in a search of their name be removed from the index. If the search engine refuses the request or does not respond within the period, the data subject may file a complaint with the Personal Data Protection Board.

Assessment Criteria: Balancing Interests

When assessing right-to-be-forgotten requests, the Board applies a case-by-case balancing test between the data subject's fundamental rights and freedoms and the public's interest in accessing information. This assessment considers factors such as whether the person is a public figure, how current the information is, the nature of the information (sensitive data such as criminal records or health information), and the time elapsed.

In Which Cases Is a Request More Likely to Be Accepted?

Board decisions show that requests are more likely to be accepted for content that is old, lacks public interest, is no longer relevant to the person's current life, or negatively affects the person; conversely, a request may be refused where it concerns news with current public interest or information related to a public figure's duties.

The Scope of the Right to Be Forgotten

This right covers only preventing a link from being associated with a name search in search engine results — it does not extend to removing the publication at its source (for example, on a news website); removal at the source is a separate application and a separate assessment.

Practical Recommendations

In your application, concretely specify which link appears under which search term, and clearly set out the grounds supporting your request (such as the content being outdated or lacking public interest).

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.