391 PERSONAL DATA PROTECTION report5, Google includes enlightening information on the requests for removal from the list from the decision of the ECJ until the present, their categories of the relevant websites, the criteria used in the evaluation of the requests for removal from the list, examples of removal requests, and the reasons for the decisions made in accordance with the requests. The Right to Be Forgotten under Turkish Law Although it was stated by the Court of Cassation6 that the right to be forgotten is a universal right, due to the fact that European Union regulations and the ECJ decision only cover European Union countries, the protection and use of the right to be forgotten in Turkey requires regulations in this direction. The right to be forgotten can be based on constitutional rights such as the right of the individual to freely develop their material and spiritual existence (the Constitution of Turkey art.17), the right to privacy and the protection of personal data (the Constitution of Turkey art.20), and the right not to be compelled to express thoughts and opinions (the Constitution of Turkey art.25). However, it is not regulated directly under either Law No. 6698 on the Protection of Personal Data (“PDPL”), which was prepared on the basis of Directive 95/46/EC, nor under Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications (“Law No. 5651”). Article 11/1 (e) of the PDPL and article 12 of the Regulation on Deletion, Destruction and Anonymization of Personal Data (“Destruction Regulation”) could be seen as a legal basis for the implementation of the right to be forgotten. Pursuant to article 11/1 (e) of the PDPL, each person has the right to apply to the controller and to request the erasure or destruction of their personal data. In addition, in order for this right to be exercised, it is required that all data processing conditions have been disappeared (Art. 7/1 of the PDPL, Art. 12 of the 5 Google Transparency Report https://transparencyreport.google.com/eu-privacy/ overview?hl=en (Access date: November 2021). 6 “The right to be forgotten is among the universal rights of individuals.” 16th Panel Chamber of the Court of Cassation, No. 2016/927 E. 2016/3874 K.
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