393 PERSONAL DATA PROTECTION Court of Cassation defines the definition of the right to be forgotten by indicating that the right to be forgotten not only provides the person with the right to “control the past”, or “the right to request that certain issues be erased from their history and not to be remembered” but, in addition, it imposes an obligation on the third parties not to use certain information about the person, or to take measures to prevent third parties from remembering it. Furthermore, although the right to be forgotten is thought to be regulated for digital data, considering the characteristics of this right and its relationship with human rights, the Court of Cassation states that it should be accepted not only for personal data in the digital environment, but also for personal data kept in a place where it can easily be accessed by the public. In addition to the approach of the Court of Cassation to the right to be forgotten, the decisions of the Constitutional Court in this direction are also noteworthy. In its decision on the Application of N.B.B. dated 03/03/2016 and numbered 2013/5653, which is considered to be one of the most important decisions of the Constitutional Court on this issue, the Court stated that today, when it is difficult to be forgotten with internet journalism, it is possible to re-establish the balance by accepting the right of an individual to be forgotten for the sake of their of honor and reputation. It also emphasized that the state has a responsibility to give the individual the opportunity to “turn a new page” by preventing others from learning about their past experiences, and the right to be forgotten is a result of the positive obligation of the state in terms of providing an opportunity for individuals to develop their spiritual existence. The Court clarified the criteria that should be evaluated in terms of the right to be forgotten and stated that they should be examined in terms of each concrete event. Accordingly, in order for internet news to be removed from the internet within the scope of the right to be forgotten, the content of the publication, its duration, whether it is just out of date orwhether it is accepted as being historical information, its contribution to the public interest (the value of the news in terms of society, the quality of the news that sheds light on the future), whether the person who is the subject of the news is a politician or a celebrity, issues such as the subject of the news or article, whether the news contains facts or value judgments, and the public’s interest in the relevant data shall be examined.
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