The Federal Press Office in Berlin is refusing to close its Facebook fan page and has filed a lawsuit against an order by the Federal Data Protection Commissioner. The data protection commissioner had demanded that the federal government's Facebook page be shut down. Now the court is to decide on the matter.
Background: Data protection concerns about the German government's Facebook fan pages
In posts on its fan page, the German government usually provides information about its activities and views several times a day. A month ago, the Federal Data Protection Commissioner, Ulrich Kelber, ordered that the page should no longer be operated. He referred to investigations by his authority and a brief report by the Data Protection Conference, in which the state data protection commissioners are represented. Kelber is of the opinion that it is not possible for a public authority to operate the site in compliance with data protection regulations, as extensive personal data of users is processed and, above all, this data is processed in the USA as a so-called third country transfer.
Facebook fan page remains in operation for the time being
The Federal Press Office is now taking legal action against the data protection commissioner's order. Until a court clarification, the Facebook page remains an "important part" of the Federal Press Office's public relations work, as a spokeswoman emphasized. The Federal Government sees the fan page as a "constitutionally required mandate to inform citizens about the activities, plans and goals of the Federal Government". In order to reach citizens, it is necessary to focus on their actual media usage.
Outlook: Legal clarity for the operation of Facebook pages
The lawsuit before the Administrative Court of Cologne makes it possible "to create legal clarity for the operation of Facebook pages in a kind of test case", said the spokeswoman for the Federal Press Office. The office is of the opinion that Facebook alone is responsible for data protection issues as a platform, not the government as the owner of the page. The decision is to be welcomed, as it also creates more legal certainty for companies when using Facebook fan pages.
