Rich Fiscus
19 Aug 2011 15:26
Website operators in the German state of Schleswig-Holstein have until the end of September to get remove all Facebook "like" buttons or face fines up to 50,000 euros.
The announcement came from Data Protection Commissioner’s Office (ULD) in Schleswig-Holstein. A statement explains:
By using the Facebook service traffic and content data are transferred into the USA and a qualified feedback is sent back to the website owner concerning the web page usage, the so called web analytics. Whoever visits facebook.com or uses a plug-in must expect that he or she will be tracked by the company for two years. Facebook builds a broad individual and for members even a personalised profile. Such a profiling infringes German and European data protection law. There is no sufficient information of users and there is no choice; the wording in the conditions of use and privacy statements of Facebook does not nearly meet the legal requirements relevant for compliance of legal notice, privacy consent and general terms of use.
Web analytics is among those services and especially informative for advertising purposes. It is paid with the data of the users. With the help of these data Facebook has gained an estimated market value of more than 50 bn. dollars. Institutions must be aware that they cannot shift their responsibility for data privacy upon the enterprise Facebook which does not have an establishment in Germany and also not upon the users.
To Internet users ULD offers the advice to keep their fingers from clicking on social plug-ins such as the “like”-button and not to set up a Facebook account if they wish to avoid a comprehensive profiling by this company.