KÜHEYLAN HUKUK
Index Removal from Search Engine in the Light of KVKK Regulations and Supreme Court Jurisprudence This guide has been prepared as of 2026, based on the Personal Data Protection Law No. 6698 and current judicial precedents.
Abstract The right to be forgotten is the individual's right to prevent an outdated negative news or judicial case from the past from remaining accessible on the internet indefinitely. This right is generally exercised by removing the index from the search engine, as opposed to deleting the news from its source. Three different ways can be followed: direct application to Google, if rejected, complaint to the Personal Data Protection Board or application to the Criminal Court of Peace.
The News Was True, So Why Is It Still Coming to the First Place? An event that took place years ago and was reported accurately at the time may continue to come up when someone searches for their name, despite the passage of time. The accuracy of the news is not a matter of debate; What is in question is whether this information still has a value that the public should know today.
This is where the right to be forgotten comes into play. This guide covers the legal basis of the right to be forgotten, the acceptance criteria, the procedure for deleting your name from Google, and the methods that can be followed in case the application is rejected.
Difference Between Deleting Content and Removing Index from Search Engine The most confusing point in digital reputation management is the difference between deleting the content on the website and removing the link from the search engine. Content deletion at source is the complete removal of the infringing article from the server of the site where it was published; In this case, the content automatically disappears from search engines, but local newspapers or digital archives may not always accept this request. Removing the index from the search engine means that the result is not listed when the person's name is searched, while the news remains on the site. This second method constitutes the essence of the right to be forgotten; Thus, freedom of the press is not completely restricted and the individual protects his digital identity.
Criteria for Acceptance of the Right to be Forgotten Not every application made to search engines yields positive results. According to the established jurisprudence of the high courts, the following criteria are evaluated together: Statute of limitations and obsolescence: A reasonable and long period of time must have passed since publication.
Public interest balance: There should be no social benefit in the information still being known to the public. Nature of the data: The fact that the information is magazine, unfounded or related to an old judicial file strengthens the request.
Social role of the person: The right to be forgotten is implemented faster if the person about whom the content is published is not a politician or a well-known figure, but an ordinary citizen. Trial outcome: If the content is based on an old criminal case, the strongest basis is that the person has been acquitted or had his criminal record cleared.
Architect Ahmet Bey was tried in 2012 on charges of breach of trust due to a commercial dispute, and the case was acquitted in 2015. Despite the many years that have passed, when his name is searched, news from 2012 continues to come up first. This makes it difficult for him to take on new business projects.
Legal Evaluation The fact that the case ended in acquittal and the long period of time that has passed meets the conditions for the right to be forgotten. Mr. Ahmet may request that these results be removed from the search engine by documenting the acquittal and the statute of limitations.
Procedure for Deleting a Name from Google Search Results Since the majority of internet searches are made through Google, the process is generally carried out focusing on this platform. First of all, Google's official application form titled "Removal of Search Results within the Scope of Personal Data Protection Legislation" is filled out. In this form, the URL addresses that are requested to be removed must be added one by one and completely, it must be stated with which name-surname combination the search was made, and why the content should be removed must be explained based on the above criteria, and supporting documents (e.g. court decision) must be uploaded as PDF.
When reviewing the application, Google's legal team applies a balance test between freedom of expression and personal rights. If the application is found to be justified, the relevant links will be removed from name searches; reddedilirse yasal yollara başvurmak gerekir.
What are the steps to follow if Google rejects the request? Since search engines are commercial companies, there is always the possibility of rejecting applications. In this case, two separate legal paths can be followed. Within the scope of Law No. 6698, search engines are considered data controllers and indexing activities are considered data processing. If the application to Google is rejected or there is no response within 30 days, the individual can file a complaint with the Personal Data Protection Board. If the Board determines that the criteria for the right to be forgotten are met, it gives binding instructions to the search engine to de-index the content.
Another way is to apply directly to the Criminal Court of Peace in the place of residence. In the petition, it is clearly explained that the appearance of your name in the search results violates personal rights and that the right to be forgotten arises. If the judge finds the request justified, it decides to remove the content from the search engine index; This route is generally the corridor that gives the fastest results.
Stage Required Document Competent Authority Average Time 1. Direct URL list, ID document, justification text Google Legal 2-6 weeks
Application 2. Administrative Complaint Google's rejection response or 30-day period Protection of Personal Data 3-6 months
Dolma Board 3rd Judicial Violation of personal rights and the right to be forgotten Criminal Court of Peace 7-15 days
4. Execution of the decision Positive decision ESB and Google 4 hours from the notification
Google'a yapılan başvuru ile Sulh Ceza Hakimliği'ne başvuru aynı anda yapılabilir mi? Yes, they are not paths that hinder each other; ancak genellikle önce Google'a doğrudan başvurulması, sonuç alınamaması hâlinde diğer yollara geçilmesi önerilir. Aciliyet varsa doğrudan Sulh Ceza Hakimliği'ne başvurmak da mümkündür.
Ünlü veya tanınmış biri unutulma hakkından hiç yararlanamaz mı? Yararlanabilir, ancak kriterler daha katı uygulanır. Because the public's interest in gaining information outweighs his social role, the same content may be accepted for an ordinary citizen but rejected for a public figure.
Attention: Common Mistakes in the Process: Incomplete preparation of the URL list: Failure to list the links to be removed one by one and correctly will result in the application being rejected on technical grounds.
Justification without documentation: Applications made without attaching supporting documents such as an acquittal decision are largely rejected by both Google, KVKK and the judgeship.
Conclusion The right to be forgotten is a powerful tool that prevents the individual from being constantly remembered with his past in the digital world; However, it is not absolute and each event is evaluated within its own balance of time, public interest and the person's social role. Incomplete filling of the Google form or procedural errors in the petition may lead to complete loss of the right.
Important Legal Notice: The legal explanations and case studies in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each case may change the outcome, it is recommended that the process be carried out with the support of an IT law lawyer. © 2026 Küheylan Law Firm. All rights reserved.
Author: Av. Mert Deniz Küheylan Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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