Federal Court ruled: privacy advocates may prohibit operation of Facebook fanpages


The operators of commercial Fanpages on Facebook are jointly responsible for the data processing, which runs in the background.

In the event of serious deficiencies, data protection officers may therefore oblige the operators to switch off the company side. This has been decided by the Federal Administrative Court in Leipzig.

(Az .: BVerwG 6 C 15.18) Although Facebook itself could be an addressee for the complaints, the privacy advocates should also take the side operators into account for reasons of effectiveness.

The decision is based on a case from Schleswig-Holstein. The National Center for Data Protection demanded in 2011 from the Wirtschaftsakademie Schleswig-Holstein the deactivation of the fan page. When the page was accessed, users' data would be collected without being informed.

To what extent this data processing was actually unlawful, but still needs to be clarified more precisely, judged the Leipzig judges. They therefore referred the case back to the Higher Administrative Court in Schleswig-Holstein for a new trial and decision.


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