Erasure of Personal Data
Also known as: Data Deletion, Erasure Request, Right to Be Forgotten, Kişisel Verilerin Silinmesi
Author Ali Gül
In short
Rendering personal data whose processing grounds have ceased inaccessible and unusable in any way for the relevant users; one of the three disposal methods under the KVKK.
Under Article 7 of the KVKK, personal data processed lawfully but whose processing grounds have ceased must be erased, destroyed or anonymised by the controller on its own initiative or at the data subject’s request. The procedure is set out in the Regulation on Erasure, Destruction or Anonymisation of Personal Data.
What Is Erasure?
Erasure means rendering personal data inaccessible and unusable in any way for the relevant users. In erasure, the data may still technically exist for authorised persons such as system administrators, but access by the users concerned is completely removed. In this respect erasure differs from destruction, where the data cannot be recovered by anyone.
Erasure Methods
- Deleting files on servers and removing access rights,
- Deleting the relevant rows in databases with appropriate commands,
- Blacking out data on paper,
- Identifying and deleting copies in applications and backup environments.
Erasure Requests
When a data subject requests erasure and all processing grounds have ceased, the controller must comply within thirty days and inform the person; see Data Subject Rights. If the data has been transferred to third parties, they must also be notified. If a statutory retention obligation continues, the request may be refused with reasons.
Erasure on the Controller’s Initiative
The controller must erase data whose retention period has expired without waiting for a request. Which data is erased when is set in the retention and destruction policy. Breach of the erasure obligation is subject to administrative fines under the KVKK; failing to destroy data after statutory periods is also a criminal offence; see Data-Related Offences.
Frequently Asked Questions
Must data in backups also be erased?
Yes. Data whose retention period has expired should be erased from all environments including backups, or it should be documented that backups will be disposed of within their own retention cycle.
Can we refuse an erasure request?
If a processing ground continues, for example a retention obligation under employment or tax law, the request may be refused with reasons. The refusal must also be given within thirty days.
Related Services
Guides
Publications in this area
- Rights Over a Person’s Image and Photograph 15.10.2024
- Can the Corporate E-mail Histories of Employees Who Leave Their Jobs Be Made Available to Another Employee? – An Evaluation in the Context of the Law on the Protection of Personal Data 06.05.2024
- Deepfake Technology – Legal Challenges and Key Questions 17.11.2023
- Push Notifications in Turkish Law: Legal Obligations and User Rights 25.10.2023
Schedule a meeting with us — the first meeting is free of charge.
Schedule a meeting