When we accept that the foundation of human rights is the protection of human dignity (the value derived from an individual’s capabilities and activities), the question arises: “What is the value protected by the right to privacy?” (Which capabilities and activities of a person are being protected?). In other words, it is necessary to clarify what aspects of a person’s life are protected by privacy and under what conditions they can exercise their capabilities or carry out their activities. In this way, the boundaries of privacy can be defined, and its relationship with the right to be forgotten can be better understood.
The request for privacy protection includes the desire to create a condition that allows an individual to engage in activities necessary for their personal development, safeguarding their spiritual existence, reputation, dignity, and autonomy. In other words, the right to privacy is about creating a space in which individuals can express their identity and engage in activities without interference. The relationship between this condition (the privacy space) and the right to be forgotten emerges in the context of protecting the reputation and dignity of the individual, which are essential for their personal development.
The right to be forgotten primarily concerns the removal of personal data, which was initially disclosed in compliance with the law and was legitimate at the time, but after a certain period, may cause harm to the individual’s reputation and dignity. In this sense, the right to be forgotten allows for the deletion of personal data that was initially shared legally, as it no longer serves the original purpose and may damage the individual’s reputation or spiritual existence.
When considering that personal data was legally disclosed initially, without violating the individual’s privacy or autonomy, it becomes evident that the person’s inviolability, privacy, and autonomy have not been infringed. However, after a certain period, the right to be forgotten comes into play when sharing the personal data no longer serves any useful purpose, and continued sharing damages the individual’s reputation, dignity, and spiritual existence.
An individual requesting the protection of their reputation and dignity is, in essence, asking others not to attack their reputation or dignity. This request to protect their reputation and dignity imposes a negative obligation on others—namely, not to share personal data that could harm the individual’s reputation. On the other hand, by invoking the right to be forgotten, the individual asserts control over their personal data, demanding its removal and the cessation of its distribution, which would otherwise harm their identity.
Those who have shared personal data are required to fulfill positive obligations to protect the privacy space within the personal data, ensuring its removal and safeguarding the individual’s privacy. Through these demands, the individual seeks the protection of both their reputation and personal data, while also requesting respect for their privacy and their ability to develop their personality and define their identity.
The Protection of Personal Data in the Digital Age
In the digital age, the processing of personal data on a massive scale has posed a serious threat to individual privacy and autonomy. In this context, the rising demands for the protection of personal data have brought the right to privacy to the forefront, leading to national and international regulations aimed at ensuring the protection of this right. An individual who requests the protection of their personal data is, in fact, requesting the protection of their private life. The subject of the request is not the personal data itself but the private life of the individual. If the fundamental principles that must be followed in the protection of personal data are not respected, the right to privacy may be violated.
Among these principles are: the data should not be kept longer than necessary for its purpose, it should be accurate and up to date, and it should be sufficient for its processing purpose. These principles are directly related to the right to be forgotten. Additionally, the right of individuals whose data is being processed to access information about the data, request its correction, deletion, or restriction of processing, is a fundamental principle of personal data protection law.
In the context of the right to be forgotten, considering the above-mentioned principles, the individual’s participation in the deletion of their personal data becomes essential. The right to ensure the deletion of personal data, in cooperation with the individual, is a key aspect of the right to be forgotten.
Attorney Yalçın Torun
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