OneTrust_All_Square_Banner_300x250_11_21_16
PrivacyCore_ad_300x250-01
DPI17_Web_300x250_Training_Promo1

 

The Independent Centre for Privacy Protection (ULD)—the privacy regulator for the German state of Schleswig-Holstein—has told website owners in that state to “shut down their fan pages on Facebook and remove social plug-ins such as the ‘like’ button” from their sites.

In a press release, the ULD said that “after a thorough legal and technical analysis,” it concluded that use of such features violates the German Telemedia Act, the Federal Data Protection Act and the Data Protection Act of Schleswig-Holstein. 

From the ULD press release:

“By using the Facebook service, traffic and content data are transferred into the U.S.A, and a qualified feedback is sent back to the website owner concerning the web page usage, the so called web analytics (Ger.:Reichweitenanalyse”). Whoever visits facebook.com or uses a plug-in must expect that he or she will be tracked by the company for two years. Facebook builds a broad individual and for members even a personalized profile. Such a profiling infringes German and European data protection law. There is no sufficient information of users and there is no choice; the wording in the conditions of use and privacy statements of Facebook does not nearly meet the legal requirements relevant for compliance of legal notice, privacy consent and general terms of use.”

The ULD calls for Schleswig-Holstein website owners to immediately deactivate the services. “If this does not take place by the end of September 2011, ULD will take further steps,” the release states. 

ULD International Coordinator Kirsten Bock told the IAPP Europe Data Protection Digest that the ULD will levy fines against sites that fail to comply, “but only after having gone through the formal procedures in each and every case and as a last resort. We still hope to solve the issue in a more constructive way,” Bock said.

Data Protection Commissioner Thilo Weichert, head of the ULD, said his organisation “has pointed out informally for some time that many Facebook offerings are in conflict with the law,” but website owners continue to use them.

Weichert added that “Institutions must be aware that they cannot shift their responsibility for data privacy” onto non-German enterprises and users.

He also promised more action.

“Our current call is only the beginning of a continuing privacy impact analysis of Facebook applications” Weichert said. “ULD will continue in cooperation with other German data protection authorities.”

Commissioner Weichert has issued similar provocative proclamations in the past. Notably, in 2010 he called for the dismantling of the U.S. Safe Harbor program.

—IAPP Staff

Comments

If you want to comment on this post, you need to login.

Related

Board of Directors

See the esteemed group of leaders shaping the future of the IAPP.

Contact Us

Need someone to talk to? We’re here for you.

Now Open! 2017 IAPP Vanguard Privacy Award

Do you know a true privacy vanguard? Submit a nomination for the 2017 award by December 9!

IAPP Staff

Looking for someone specific? Visit the staff directory.

Learn more about the IAPP»

Daily Dashboard

The day’s top stories from around the world

Privacy Perspectives

Where the real conversations in privacy happen

The Privacy Advisor

Original reporting and feature articles on the latest privacy developments

Privacy Tracker

Alerts and legal analysis of legislative trends

Privacy Tech

Exploring the technology of privacy

Canada Dashboard Digest

A roundup of the top Canadian privacy news

Europe Data Protection Digest

A roundup of the top European data protection news

Asia-Pacific Dashboard Digest

A roundup of the top privacy news from the Asia-Pacific region

Latin America Dashboard Digest

A roundup of the top privacy news from Latin America

IAPP Westin Research Center

Original works. Groundbreaking research. Emerging scholars.

Get more News »

IAPP Communities

Meet locally with privacy pros, dive deep into specialized topics or connect over common interests. Find your Community in KnowledgeNet Chapters, Sections and Affinity Groups.

IAPP Job Board

Looking for a new challenge, or need to hire your next privacy pro? The IAPP Job Board is the answer.

Join the Privacy List

Have ideas? Need advice? Subscribe to the Privacy List. It’s crowdsourcing, with an exceptional crowd.

Find a KnowledgeNet Chapter Near You

Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide.

Find more ways to Connect »

Find a Privacy Training Class

Two-day privacy training classes are held around the world. See the complete schedule now.

NEW! Raise Staff Awareness

Equip all your data-handling staff to reduce privacy risk, with Privacy Core™ e-learning essentials.

Online Privacy Training

Build your knowledge. The privacy know-how you need is just a click away.

The GDPR requires 75,000 DPOs

What’s the formula for DPO success? IAPP CIPP/E and CIPM training, certifications and our global privacy conferences.

Upcoming Web Conferences

See our list of upcoming web conferences. Just log on, listen in and learn!

Train Your Team

Get your team up to speed on privacy by bringing IAPP training to your organization.

Learn more »

CIPP Certification

The global standard for the go-to person for privacy laws, regulations and frameworks

CIPM Certification

The first and only privacy certification for professionals who manage day-to-day operations

CIPT Certification

The industry benchmark for IT professionals worldwide to validate their knowledge of privacy requirements

NEW! FIP Designation

Recognizing the advanced knowledge and issue-spotting skills a privacy pro must attain in today’s complex world of data privacy.

Certify Your Staff

Find out how you can bring the world’s only globally recognized privacy certification to a group in your organization.

Learn more about IAPP certification »

IAPP-OneTrust EU Data Transfer Kit

Assess your readiness to meet the requirements of the GDPR, Privacy Shield, and BCRs for Processors and Controllers with this new IAPP-member only tool.

IAPP Communities

Meet locally with privacy pros, dive deep into specialized topics or connect over common interests. Find your Community in KnowledgeNet Chapters, Sections and Affinity Groups.

The GDPR requires 75,000 DPOs

What’s the formula for DPO success? IAPP CIPP/E and CIPM training, certifications and our global privacy conferences.

Privacy Vendor List

Find a privacy vendor to meet your needs with our filterable list of global service providers.

More Resources »

Intensive Education at the Practical Privacy Series

Online registration is now closed and our Government program is sold out. Onsite registration is available for the GDPR , Data Breach and FTC and Consumer Privacy sessions.

Europe Data Protection Intensive 2017

Join us in London to dig deep into operational privacy and practical strategies you can put to use right away. Registration is now open. Don't miss out!

Plan for the Summit

The world’s premier privacy conference returns with the sharpest minds, unparalleled programs and preeminent networking opportunities. Registration opens in December!

Sponsor an Event

Increase visibility for your organization—check out sponsorship opportunities today.

Canada Privacy Symposium 2017

The Symposium returns to Toronto this spring and registration opens in February! Plan to join your fellow privacy pros for another stellar program.

More Conferences »

Become a Member

Start taking advantage of the many IAPP member benefits today

Corporate Members

See our list of high-profile corporate members—and find out why you should become one, too

Renew Your Membership

Don’t miss out for a minute—continue accessing your benefits

Join the IAPP»