07.10.2019

Data protectors can demand the deactivation of Facebook fanpages

 

According to the ruling of the ECJ, fanpage operators and Facebook are jointly responsible for data processing of personal data. Data protectors can now demand the deactivation of Facebook fanpages, if data protection deficits are identified, according to a recent decision by the Federal Administrative Court in Leipzig (Case No.: BVerwG 6 C 15.18).


As early as 2011, the Independent Centre for Data Protection (ULD) called for the deactivation of the 2011 fan page by the Wirtschaftsakademie Schleswig-Holstein (Schleswig-Holstein Business Academy), since personal user data was collected without any corresponding information when the page was accessed. Although the infrastructure is provided by Facebook, the Academy is responsible for data processing, according to the ULD.


Initially, the Academy of Chambers of Industry and Commerce (IHK) was given jurisdiction by the Higher Administrative Court (OVG) in Schleswig-Holstein. However, the European Court of Justice ruled in 2018 that fanpage operators were jointly responsible for data processing. The court in Leipzig took this assessment into account in its decision in mid-September.

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