389 PERSONAL DATA PROTECTION The Right to Be Forgotten as a New Fundamental Right The right to be forgotten can basically be summarized as the right to demand the deletion of the personal data of the individual and, in this way, to demand that the connection between a situation and the individual be prevented. However, due to its historical development, this right is mostly associated with the results obtained in search engines on the internet, and it is defined as the right of the individual to request that an outdated or unfavorable fact on the internet about them not be listed in search engines. This is also referred to as “delisting” or the “right to de-referencing.”1 The birth of the concepts of privacy and personal data protection, and their adoption all over the world, are based on the European Convention on Human Rights and Directive 95/46/EC on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (“Directive 95/46/EC”) in the European Union. Under these regulations, the process, collection, correction and deletion of personal data is subject to the existence of certain conditions, and the individual has a right to have their data deleted if the conditions stated in Directive 95/46/EC exist. The right to the erasure of personal data regulated by Directive 95/46/EC is expressed as the “right to be forgotten” in the Costeja González v. Google Inc, Google Spain decision2 of the Court of Justice of the European Union (“ECJ”), which laid the foundations of the right to be forgotten. This decision is considered to be a major step in the development of the concept of the right to be forgotten.3 In the event that led to the decision in question, a Spanish citizen named Costeja González filed a complaint before the Spanish Data Protection Authority about La Vanguardia newspaper, Google Spain and Google Inc. According to Costeja González, when he typed his 1 Kaya, Mehmet Bedii: Right to Be Forgotten; https://www.mbkaya.com/hukuk/ unutulmahakki.pdf (Access date: November 2021). 2 ECJ, the Court of Justice of the European Union, No. K.131/12, 13/05/2014 https:// curia.europa.eu/juris/document/document.jsf?docid=152065&doclang=en (Access date: November 2021). 3 Elmalıca, Hasan: The Right to Be Forgotten as a Fundamental Human Right Revealed by the Information Age. Ankara University Law Faculty Journal, No. 65 (4) 2016: 1603-1636.
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