Facebook can keep real name policy, German court rules - holcombwhopribed
Facebook can gravel with its real name policy in Germany, and doesn't have to allow nicknames on its platform for now. The regulator that ordered Facebook to change it insurance policy settled its orders on inapplicable German law, a German court ruled.
Facebook was sequential to remnant its substantial name insurance policy and permit the use of pseudonyms on its platform by the Federal agency of the Data Shelter Commissioner (ULD) for Schleswig-Holstein last year. The social network desecrated the German Telemedia Act, which allows users to use nicknames online, reported to the ULD.
The orders were issued against Facebook in the U.S., and too Facebook Ireland, which is responsible whol Facebook's activities outside of the U.S. and Canada. Facebook, nonetheless, decided to fight the orders because information technology thought them without merit.
The Body Judicature of the State of Schleswig-Holstein subordinate in favor of Facebook on Thursday. The ULD incorrectly based its orders on German law which is not applicable in that case, the court spokesman Harald Alberts said in a news release along Friday.
Facebook's German subsidiary exclusively handles marketing and learning for the local market, and doesn't process any personal information, the court said. Because Facebook's main European office is in Ireland, that billet is responsible for handling personal information thusly only Irish information tribute law applies, the court said.
Therefore, the orders to break off the real name policy every bit well as the threat of a €20,000 (US$27,000) pulverized if Facebook does not comply with the orders are both illicit, the court ruled.
Jurisdiction question
"The decisions are more amazing," said Thilo Weichert, concealment commissioner and head of the ULD, in a statement published on Fri. The tribunal contradicts itself when it says that Facebook Germany is legally tangential because no personal data is pure there, he said. Facebook Ireland doesn't process any personalized information either because that is handled by Facebook in the U.S., he same, adding that he did non understood wherefore Irish legal power was taken.
If the decisions of the Administrative Court are upheld, that would lead in a system in which IT companies would simply ingest to make a group structure like Facebook, establishing a main office in an E.U. member submit with a low level of data protection, ready to escape oversight, the ULD said. "This was not the intention of European Union regulation," it added.
This ruling is not the end of the line for the ULD, though. It can appealingness the decision within two weeks with the Administrative Court of Appeals of the State of Schleswig-Holstein, and bequeath certainly do so, the regulator said. The ULD expects the judicial proceeding to take months or even years to finish.
"We are chuffed with the decision of the Administrative Court of Schleswig-Holstein. We consider this is a step into the right direction," same Facebook in an emailed statement. "We hope that our critics will understand that information technology is the role of individual services to determine their own policies near anonymity within the governing law." For Facebook Ireland, the company aforesaid, the germane laws are the European data protection directive and Irish law.
Loek is Amsterdam Correspondent and covers online privacy, intellectual property, overt-source and online payment issues for the IDG News Service. Accompany him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com
Source: https://www.pcworld.com/article/456856/facebook-can-keep-real-name-policy-german-court-rules.html
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