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Re: [ietf-privacy] fyi: German (Schleswig-Holstein state) Data Protection Cmsn: Deactivate Facebook web analytics

From: Mark@Identity Trust <Mark@Identity>
Date: Tue, 23 Aug 2011 11:41:41 -0400
Message-ID: <BLU0-SMTP98F16888F2DE538203B20CA22E0@phx.gbl>
To: public-privacy@w3.org, ietf-privacy@ietf.org
Finally!!!   something that looks like privacy compliance.

I have been hoping a Data Commissioner would step up to the plate for  
a long time.

As a matter of public policy these decisions shed light on significant  
policy conflicts that need to be addressed.

My Favourite ..

> 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.

In adequate legal notice.    Facebook is scamming its users.

And this is just the tip of the ice-burg.

Thanks for posting!!

- Mark



On 22 Aug 2011, at 12:58, =JeffH wrote:

> [ hat tip: Bil Corry ]
>
> Source: https://www.datenschutzzentrum.de/presse/20110819-facebook-en.htm
>
> 2011-08-19
>
>
> P R E S S   R E L E A S E
>
>
> ULD to website owners: „Deactivate Facebook web analytics“
>
>
> The Data Protection Commissioner’s Office (Independent Centre for  
> Privacy Protection - ULD) calls on all institutions in the federal  
> state of Schleswig-Holstein, Germany to shut down their fan pages on  
> Facebook and remove social plug-ins such as the “like”-button from  
> their websites. After a thorough legal and technical analysis ULD  
> comes to the conclusion that such features are in violation of the  
> German Telemedia Act (TMG) and of the Federal Data Protection Act  
> (BDSG), respectively the Data Protection Act of Schleswig-Holstein  
> (LDSG SH). 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 (Ger.: Reichweitenanalyse). 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.
>
> ULD expects from website owners in Schleswig-Holstein to immediately  
> stop the passing on of user data to Facebook in the USA by  
> deactivating the respective services. If this does not take place by  
> the end of September 2011, ULD will take further steps. After  
> performing the hearing and administrative procedure this can mean a  
> formal complaint according to sect. 42 LDSG SH for public entities,  
> a prohibition order pursuant to sect. 38 par. 5 BDSG as well as a  
> penalty fine for private entities. The maximum fine for violations  
> of the TMG is 50TS Euro.
>
> Commissioner Thilo Weichert, head of ULD: “ULD has pointed out  
> informally for some time that many Facebook offerings are in  
> conflict with the law. This unfortunately has not prevented website  
> owners from using the respective services and the more so as they  
> are easy to install and free of charge. 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.
>
> Our current call is only the beginning of a continuing privacy  
> impact analysis of Facebook applications. ULD will continue in  
> cooperation with other German data protection authorities. A  
> comprehensive analysis is not to be performed at one go for a small  
> privacy agency such as ULD; moreover is Facebook constantly changing  
> its technical procedures and terms of use. Nobody should claim that  
> there are no alternatives; there are European and other social media  
> available that take the protection of privacy rights of Internet  
> users far more serious. That they also may contain problematic  
> applications must not be a reason to remain idle towards Facebook,  
> but must prompt us as supervisory authorities to pursue these  
> violations. Users can take their part in trying to avoid privacy  
> adverse offerings.”
>
> 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. Profiles are personal information;  
> Facebook is requiring its members to register their actual name.
>
> ULD has published its privacy evaluation of website analytics by  
> Facebook in German language on the Internet at
>
> https://www.datenschutzzentrum.de/facebook/
>
> This analysis will be continued, that is extended and specified.  
> Suggestions to ULD are welcome by e-mail to
>
> facebook@datenschutzzentrum.de
>
> For inquiries or in case of general further questions please contact:
> Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein
> Holstenstr. 98, 24103 Kiel, Germany
> Phone: ++49 (0)431 988-1200, Fax: -1223
>
>
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Received on Wednesday, 24 August 2011 05:37:39 UTC

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