2023-10-15 01:26:11
The Federal Press Office has decided not to accept the order to close the German government’s Facebook page. She is appealing the order of the Federal Data Protection Commissioner, Ulrich Kelber.
Kelber: Data protection cannot be respected
Kelber ordered the Federal Press Service to take the federal government’s Facebook page offline within four weeks. The reason given for this order is that data protection regulations are not complied with – and cannot be complied with in the cooperation with Meta. Kelber emphasizes in this regard that users’ personal data are processed on a large scale and transferred to third countries without their explicit consent. There is also no processing agreement between the German government and Meta, which is legally required.
The federal government does not share Kelber’s view. She emphasized that, in her opinion, Meta was exclusively responsible for the data processing and therefore within the meaning of the data protection law. For this reason – and because the federal government considers the fan page an important public relations tool that it does not want to do without – the decision was not accepted.
Action before the Cologne Administrative Court
The Cologne Administrative Court, as the competent authority, now has the task of clarifying the legal situation in this matter. The decision is probably eagerly awaited as it constitutes a sort of test case which might subsequently create legal certainty in the operation of Facebook pages. Until the court’s decision, the page will remain online. This is due to the fact that the law does not provide for the possibility of ordering direct execution in the event of formal notices once morest the authorities.
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