Facebook violates German data protection with default settings

The consents to the use of data obtained by the company are therefore partially invalid. The ruling is not yet legally binding.

With regard to the default settings, the court criticized the fact that the location service is already activated in the Facebook app for cell phones, which reveals your location to chat partners. In addition, a checkmark in the privacy settings allowed search engines to receive a link to the participant's history.

Sensitive personal data

This makes the personal Facebook profile quickly and easily findable for everyone. The judges ruled that all five default settings on Facebook criticized by the vzbv are ineffective. There is no guarantee that users will even take note of them.

According to the Federal Data Protection Act, personal data may only be collected and used with the consent of the data subject. To enable them to make a conscious decision, providers must provide clear and comprehensible information about the type, scope and purpose of data use.

The judges also declared eight clauses in the terms of use to be invalid. These included pre-formulated declarations of consent according to which Facebook was allowed to use users' names and profile pictures "for commercial, sponsored or related content" and to transfer their data to the USA.

Obligation to use real name inadmissible

The judges made it clear that such pre-formulated declarations cannot be used to give effective consent to the use of data.

A clause that obliges users to only use their real names and data on Facebook is also inadmissible. "Providers of online services must also allow users to participate anonymously, for example by using a pseudonym," explained the VZBV. This is prescribed by the Telemedia Act.

In the opinion of the regional court, the obligation to use a clear name was already inadmissible because users were thereby giving their hidden consent to the use of this data. (SDA)