Avrupa Birliği ve Tayvan’da Yapay Zekâ Tabanlı Veri Toplama Bağlamında Unutulma Hakkı

This paper explores the evolving legal landscape of the right to be forgotten (RTBF) in the context of artificial intelligence (AI) data processing, focusing on a comparative analysis between the European Union (EU) and Taiwan. As a concept rooted in privacy and data protection law, RTBF seeks to empower individuals to control the dissemination of outdated or irrelevant personal information—especially in a digital environment where such data is readily accessible through search engines and social media platforms. The study highlights how the EU has implemented a robust legal foundation for RTBF, particularly under Article 17 of the GDPR, and how landmark decisions such as Google Spain have shaped its interpretation. In contrast, Taiwan's approach is shaped by constitutional interpretations, such as Judicial Interpretation No. 603, and statutory provisions within the Personal Data Protection Act (PDPA), albeit without explicit codification of RTBF. The manuscript also addresses the challenges posed by AI, particularly regarding long-term data retention, automated processing, and the technical feasibility of erasure, concluding that future legislative clarity is necessary for harmonizing the principles of RTBF with technological realities.