The Federal Press Office (BPA) operates the “Federal Government” fan page on the social network Facebook for the German federal government. The Federal Institute for Industrial Engineering (BfDI) currently considers the operation of Facebook fan pages in compliance with data protection regulations impossible. This view was recently reaffirmed by . Since January 2022, the BfDI has been reviewing the use of Facebook fan pages by federal authorities. However, discussions with the BPA and Facebook itself have not led to a mutually acceptable solution to the data protection issues be without Facebook.
What rights does the BfDI have?be without Facebook
As a federal supervisory authority, the Federal Institute for Data Protection and Information (BfDI) plays a special role in enforcing data protection law. The BfDI website aptly summarizes the current Commissioner’s role as “guardian of the fundamental right to informational self-determination.” The BfDI is the data protection supervisory authority for all federal public bodies, as well as for certain social security providers. In exercising this office, canada business fax list the BfDI is independent and subject only to the law.
The BfDI is elect by the Bundestag (German Bundestag). More than half of the statutory members of the Bundestag are requir for this. The term of office is five years, with one re-election permitted. The BfDI also oversees the enforcement of the GDPR and the Federal Data Protection Act (BDSG). In the course of these investigations, the authority may also impose sanctions or measures. In the event of a data protection violation, the BfDI can warn the supervised bodies, issue warnings, and impose bans or fines (not on public bodies).
Regarding the current case: What happened?
At the beginning of 2022, a so-called formal hearing procedure was initiat, also based on the DSK’s brief report mention above. As a general rule, picking: how does it work in practice? the BfDI initially attempts to resolve data protection challenges facing supervis bodies through consultations and discussions in advance. Despite all this, however, the Federal Press Office remain inactive regarding the Federal Government’s Facebook fan page, and the page remains accessible. Mr. Kelber is now exercising the remedies available to him under Art. 58 GDPR. Before a decision is made on a supervisory measure in such a procedure, the supervised body is first heard. For this purpose, it is requested by means of a formal hearing letter to comment on a specific matter and to justify its actions. This is the current status. The law does not stipulate a fixed deadline for this.
Possible consequences
If the BfDI’s opinion does not change as a result of the BPA’s statement—which is unlikely—the BfDI can impose so-called supervisory measures. These typically involve fines or prohibitions of use.
There is a special feature in the formal administrative procedure. With the initiation of the supervisory procedure. Administrative procedure has also been initiat, email data to which the general rules . Administrative Court Act (VWGO) apply. If the BfDI sees a risk of irreversible damage from the operation of the Facebook fan page. . This means that an expect legal challenge. Federal Government will have no suspensive effect, and the page must be shut down until the matter is resolved in court. However, Section 20 Paragraph 7 BDSG contains the controversial feature under European law that. Immediate enforceability cannot be ordered against authorities.