Federal Administration Granted Authorization to Carry On Managing Facebook Profile - Federal Court Authorizes Continuation of Federal Government's Facebook Presence
In a landmark decision, the Cologne Administrative Court has ruled that the Federal Government is not responsible for data protection compliance regarding its Facebook page. Instead, Meta (Facebook) holds sole responsibility for processing user data, including cookie management.
The ruling, which relieves the Federal Government from liability for data protection issues arising from user interactions with the Facebook page, confirms Meta as the data controller responsible for compliance under data protection law when users visit Facebook pages that the government operates.
The dispute centres around the Federal Government's Facebook fan page, which uses so-called cookies, storing personal data without valid consent, according to Ulrich Kelber, the former Federal Data Protection Commissioner. The court, however, determined that there is no sufficient "causal connection" between the operation of the Facebook page by the Federal Government and the storage of personal data using cookies by Facebook.
Indra Spiecker, the director of the Institute for Digitalization at the University of Cologne, welcomed the decision, emphasizing the importance of ensuring citizens can use information from authorities legally on social media. The Federal Government also welcomed the court's ruling, stating that it confirms the importance of maintaining their Facebook presence as part of their public relations work.
Louisa Specht-Riemenschneider, Kelber's successor, is examining further legal steps regarding the appeal. An appeal against the decision of the Cologne Court can be lodged with the North Rhine-Westphalian Higher Administrative Court in Münster.
The Federal Government's Facebook fan page is used to share information about the government's activities and views several times a day. The Federal Press Office is committed to designing social media as data protection-friendly as possible.
This decision acts as a significant precedent, clarifying the responsibilities for fan page operators versus platform owners in the context of data protection in Germany. It marks a shift in accountability by formally assigning data protection responsibilities concerning Facebook page data processing primarily to Meta, not the page operator, when that operator is the Federal Government. This limits the government's direct obligations under GDPR related to the Facebook fan page it runs.
The SPD, Germany's Social Democratic Party, is not mentioned in the current paragraph.
- The Cologne Administrative Court's ruling has established Meta (Facebook) as the primary data controller responsible for ensuring compliance with community law on data protection when users visit the Community law Federal Government's Facebook page, which houses information about their activities and views.
- The court's decision also asserted that social-media technology used on this page, such as cookies, is under Meta's purview, with the Federal Government having limited obligations under GDPR due to the shift in accountability for data protection responsibilities.
