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  • Haşmet Gürkan Sokak, Lefkoşa

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KTİHV

Right to Be Forgotten

The Right to Be Forgotten – Take control of your digital past.

KTİHV

What Is the Right to Be Forgotten?

The right of a person to request the removal of news, photos, videos, information, etc., about themselves from internet search results.

It is defined as the removal/deletion of any disturbing personal content stored in digital memory upon the individual’s request.

Subject of the Right

Natural and Legal Persons

Legally Protected Interests Within the Scope of the Right

  • Human Dignity
  • Right to Privacy
  • Right to the Protection of Personal Data
  • Right to Protect and Develop One’s Material and Moral Existence
  • Public Interest

Obligors and Responsible Parties

  • The State
  • Third Parties

Methods of Implementing the Right to Be Forgotten

  • Deletion
  • De-indexing
  • Anonymization
  • Restriction of Access

Criteria for Applications Related to the Right to Be Forgotten

  • The published or processed data:
  • Does not serve a superior public interest
  • Is no longer necessary in the digital environment
  • Has lost its relevance or accuracy
  • Contains false or misleading information or has become inaccurate over time
  • Was previously processed/published with the individual’s consent, but the consent has been withdrawn

What Is Not Covered by the Right to Be Forgotten?

  • It does not restrict the right to access information and freedom of expression.
  • It does not limit press freedom.
  • It is not a tool for political figures to erase their digital records.
  • It does not mean that all online data must be deleted, removed, or restricted.
(EU) Regulation 2016/679 of the European Parliament and the Council (General Data Protection Regulation) The Right to Be Forgotten Under the European Union General Data Protection Regulation

Article 17 – The Right to Erasure (“Right to Be Forgotten”)

  1. The data subject has the right to request the erasure of their personal data without undue delay. The data controller is obliged to erase the personal data without undue delay upon such a request, provided there are no legal or legitimate grounds to retain the data.

    1. The personal data is no longer necessary in relation to the purposes for which it was collected or processed;
    2. The data subject withdraws consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a), and there is no other legal ground for the processing;
    3. The data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
    4. The personal data has been unlawfully processed;
    5. The personal data must be erased in compliance with a legal obligation under Union or Member State law;
    6. The personal data has been collected in relation to the offer of information society services referred to in Article 8(1).

  2. Where the data controller has made the personal data public and is obliged to erase it under paragraph 1, the controller, taking account of available technology and implementation costs, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that the data subject has requested erasure of any links to, or copies or replication of, that personal data.

    1. The right to freedom of expression and information;
    2. Compliance with a legal obligation that requires processing under Union or Member State law or the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    3. Processing necessary for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i);
    4. Processing necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1), where the right to erasure would likely render impossible or seriously impair the achievement of the objectives of that processing;
    5. Processing necessary for the establishment, exercise, or defense of legal claims.