Does the federal government have to delete its Facebook fan page?
Operating a Facebook fan page has always been forbidden for the Federal Commissioner for Data Protection and Freedom of Information. Ulrich Kelber is now calling on the federal government to close its site. This is about the real importance of data protection. A commentary classification.
Contents
Ulrich Kelber: The eternal data protection reminder
Ulrich Kelber is the Federal Commissioner for Data Protection and Freedom of Information (BfDI) and thus the most important data protection officer in Germany. And that same Ulrich Kelber has an enemy: Mark Zuckerberg’s meta-group around Facebook, Instagram and WhatsApp.
Specifically, since the start of the European General Data Protection Regulation (GDPR) in May 2018, the BfDI has been convinced that it is not possible under data protection law to operate a Facebook fan page securely.
Accordingly, he has also been pointing out for years that, for example, the Facebook fan page of the federal government with almost a million fans, it shouldn’t actually be allowed to continue.
BfDI prohibits the federal government from operating a Facebook fan page
But as it now seems, the proverbial fun is finally over for Germany’s most important data protection officer. In a press release prohibits the BfDI from (further) operating the fan page. Ulrich Kelber says:
I have long pointed out that the operation of a Facebook fan page is not possible in compliance with data protection. Our own research shows that and that Short report of the data protection conference. All authorities are responsible for adhering to the law in an exemplary manner. According to the results of my tests when operating a fan page, this is currently impossible due to the extensive processing of personal data of users.
He adds:
I think it’s important that the state can be reached via social media and can share information. But he can only do that if the basic rights of the citizens are protected.
Data protection escalation: What is the Federal Press Office doing?
Specifically, the Federal Press Office, which is responsible for the federal government’s Facebook fan page, now has four weeks to take action against the decision. In fact, within the coming month it will become clear how important data protection is in Germany.
Will the Federal Press Office actually buckle? Will it close the federal government side? As a consequence, this would mean that all other Facebook pages of federal and state institutions would also be closed afterwards.
It therefore seems unlikely that the Federal Press Office, as the responsible body, will take this step. Especially since the Facebook pages – as Ulrich Kelber himself writes – play a central role in informing citizens today.
This direct line from the government to the population is a central element of communication that cannot simply be given up in times in which newspapers, radio and television are becoming less and less important.
Data protection officers have an advisory function
Especially since data protection officers according to the law Art. 39 of the GDPR teaching, monitoring and advising only. The final decision is ultimately made by the person responsible – i.e. the Federal Press Office.
Accordingly, it can be assumed with high probability that the Federal Press Office will appeal against the current decision and thus force a decision from the highest court.
How important is data protection in Germany?
It is doubtful that the federal government will voluntarily give up one of its most important communication tools.
Ultimately, however, this debate will also show whether data protection in Germany and Europe is actually relevant or just a legal finesse that is ignored in case of doubt.
Also interesting:
