Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform?

Oytun Canyas () and Aslı Bayata Canyas ()
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Oytun Canyas: Hacettepe University, Faculty of Law, Turkey
Aslı Bayata Canyas: Bilkent University, Faculty of Law, Turkey

Juridical Tribune - Review of Comparative and International Law, 2021, vol. 11, issue 2, 174-202

Abstract: This study firstly analyses the general approaches of EU and US laws to the right to be forgotten. Then, basing on the right to be forgotten, a variety of dimensions from comparative law, court practice, doctrinal views and different legal sub-branches are considered from the aspect of Turkish law. Although there is no specific provision on the right to be forgotten in Turkish law, the right has been subject to doctrinal discussions from different perspectives. It is also referred to in court judgments, specifically when an individual wishes to erase certain news, data, etc. from the digital and/or non-digital archive so they can make a fresh start to a new life. Granting that person the right to be forgotten is in terms of protecting personality rights and privacy while acknowledging that these interests may compete with rights to press freedom and freedom of expression. After scrutinising the doctrinal view and court judgments, this study concludes that considering Turkish law, certain provisions should be enacted on the right to be forgotten to ensure uniform interpretation and clarify the definition and conditions of application.

Keywords: right to be forgotten; right to erasure; protection of personal data; freedom of expression and press; freedom of protection of personality rights and reputation (search for similar items in EconPapers)
JEL-codes: K10 K33 K36 K38 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:11:y:2021:i:2:p:174-202

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