However, all authorities are responsible for adhering to the law in an “exemplary manner”. “According to the results of my tests when operating a fan page, this is currently impossible due to the extensive processing of personal data of users.” It is important that the state can be reached via social media and can share information. “But he can only do that if the basic rights of the citizens are protected.”
Kelber instructed the Federal Press Office (BPA) in writing at the beginning of the week to stop operating the government page on Facebook. The BPA now has four weeks from receipt of the decision to implement it. However, Kelber can also challenge and file a complaint against the decision within one month.
In May 2021, Kelber had already called for the Facebook fan pages to be closed in a circular to all federal ministries and supreme federal authorities. The Federal Press Office then spoke to Facebook about the authority’s data protection concerns.
Kelber then stated that Facebook unfortunately only sent the publicly known “Addendum” from October 2019 to the press office. This agreement stipulates that the site operator and Facebook share responsibility for the fan site. Accordingly, all relevant obligations for the required data protection lie with Facebook.
The federal government can appeal against the decision
However, Kelber considers the “addendum” to be insufficient to meet the data protection regulations. “From my point of view, this shows that Facebook is not prepared to make any changes to its data processing,” Kelber explained in his circular at the time.
>> Read also: Meta is to pay a fine of 390 million euros for data protection violations
The departments and their business units that operate fan pages could not meet their accountability under the European General Data Protection Regulation (GDPR). Kelber therefore recommended that all authorities that operate a fan page shut it down by the end of 2021.
Since this did not happen, Kelber is now taking the next step. He accused the press office of not having proven to date that the principles of data protection law are being observed. In particular, he criticized the fact that, according to his assessment, there was no “effective” legal basis for data processing.
In addition, according to the Telecommunications Telemedia Data Protection Act, consent must be obtained for the use of cookies and similar tracking technologies that are not absolutely necessary, Kelber also pointed out. “In the case of the Facebook fan pages, however, such consent is currently not effectively obtained according to the results of the supervisory authority checks.”
If the Facebook pages were switched off, the federal government would lose a great deal of its reach. The central website of the federal government has around 920,000 fans and over a million subscribers on Facebook.
The Federal Press Office can challenge Kelber’s order. It is possible to appeal against the decision within one month.
A spokeswoman for the press office said that the decision would be examined carefully and in detail. “On the basis of this review, we will decide on the next steps within the period set by the Federal Data Protection Commissioner.” The Facebook presence is an important part of the federal government’s public relations work, which will initially be retained until the tests mentioned have been completed.
The social media enabled direct and quick contact with the citizens, which is particularly important in times of crisis, the spokeswoman said. The federal government is committed to making social media as privacy-friendly as possible.
“The proceedings (…) deal with the clarification of fundamental, complex factual and legal issues relating to European data protection law, which can ultimately affect any operator of a Facebook page in the EU: not only government agencies, but also private companies. The Federal Press Office will participate in this clarification process.
More: “Privacy issues”: Regulatory authority targets Instagram, Tiktok and Clubhouse