It had already been announced, and now the Federal Commissioner for Data Protection and Freedom of Information (BfDI) has actually done it: In a decision dated February 17, 2023, Prof. Ulrich Kelber prohibits the Federal Press Office (BPA), as the operator of the Federal Government’s Facebook page, from ” processing personal data on the Facebook fan page operated by the Federal Government (https://www.facebook.com/Bundesregierung/ ) until further notice” ( see here ). A total of 44 pages explain why he considers this step necessary Government’s Facebook page.
The history of the procedure Government’s Facebook page
We have already reported on the proceedings here. For a better overview, we will briefly summarize it here: As early as 2019, the Federal Office for Information and Communication (BfDI) wrote to the highest federal authorities and informed them that the use of Facebook in compliance with data protection law was currently not possible ( more on this here ). After the differing legal opinions were exchanged and nothing changed regarding . Operation of the Facebook page, australia business fax list the process became more formal. The beginning of 2022, after the BfDI initiated a formal hearing. The result of this procedure so far is a notice prohibiting the processing of personal data via the fan page pursuant. The BPA now has four weeks (beginning February 17, 2023) to shut down the page.
Reasons for the ban
The decision explains in detail why, in the BfDI’s opinion, the operation of the fan page is not legally compliant.
Professor Kelber refers to investigations by his authority. A brief report by the embedding guide for wpbakery page builder (wordpress) Data Protection Conference, the body of independent German data protection supervisory authorities at the federal and state levels.
According to the BfDI, Meta and the operator of a fan page share joint responsibility. The BPA, as the controller, must demonstrate that the processing of personal data complies with data protection regulations. The BPA has failed to provide such evidence.
Another point of criticism by the BfDI is the ineffective obtaining of consent in accordance with the Telecommunications and Telemedia Data Protection Act (TTDSG) for cookies that are not absolutely necessary.
However, contrary to a ruling by the European Court of Justice, the BPA continues not to assume so-called joint controllership. Contrary to the BfDI’s opinion, in its statement of August 15, 2022, the BPA does not consider itself to be jointly responsible with Facebook, but rather to hold Facebook solely responsible for data protection ( see pages 15-16 of the BfDI’s decision ).
Further process
The BPA says it does not intend to shut down the Facebook page for the time being. It is currently reviewing its next steps. Should the BPA exercise its right to appeal this decision, albania business directory the BfDI, unlike with companies, does not have the option to order immediate enforcement of the ban. Thus, the page could remain active for a longer period until the matter is finally resolved.