The right to be forgotten within the framework of the state's positive obligations in the context of the Official Gazzette application

The permanence and accessibility of personal data in the digital age have brought about significant concerns regarding data privacy and security. The "right to be forgotten" has emerged as a critical legal concept that allows individuals to regain control over their personal information and mitigate the adverse effects of its unlimited accessibility. This thesis examines the right to be forgotten within the framework of the state's positive obligations and focuses on its application to the Official Gazette (Resmî Gazete). The study is divided into three main sections. The first section addresses the philosophical and legal foundations of the state's positive obligations, emphasizing their role in protecting fundamental rights. The distinction between positive and negative obligations, the scope and limits of these obligations, and their legal basis, particularly within the framework of the European Convention on Human Rights (ECHR) under Articles 1, 8, and 13, are analyzed. The second section provides a comprehensive analysis of the right to be forgotten. It examines the origins, definition, and elements of the right, as well as its relationship with other fundamental rights such as the right to privacy, personal data protection, and reputation. Additionally, international legal frameworks, European Union regulations and case law, and Türkiye's legal system and judicial practices are evaluated in this context. The final section focuses on the role of the Official Gazette as a state-controlled platform where legal and administrative decisions are published. Potential conflicts between the transparency of the Official Gazette and individuals' right to be forgotten are addressed. This study examines the process of evaluating requests for the removal of personal data from the Official Gazette and offers considerations for striking a fair balance between protecting the public interest and safeguarding individuals' rights. In conclusion, this study emphasizes the importance of implementing the right to be forgotten in the context of the Official Gazette and argues for the need to strike a balance between the principle of legal certainty and the right to be forgotten. Keywords: European Convention on Human Rights, Right to be Forgotten, Official Gazette, State's Positive Obligations, Judicial Announcements