In a recent opinion the ULD, a data privacy organization in the German state of Schleswig-Holstein, has declared (link in German) the use of Facebook’s “Like” buttons on German websites to be in violation of the German data privacy act, and has threatened website operators who continue to use “Like” buttons with penalties if the buttons are not removed by September 2011. According to the ULD, the use of the “Like” button transfers both user content and tracking data to the US company Facebook without the express consent of the user as required by German law.
For the moment this decision impacts website owners in Schleswig-Holstein more than anyone else, who face fines if they continue to violate the law. It also, however, serves as a reminder of a much larger and perhaps more concerning issue - social media and the related exchange of data has long raised issues under European privacy law, a problem which is only exacerbated by the increased interconnectedness of websites with social networks. Although investigation and enforcement of EU privacy laws and data transfers to the US has been fairly lax, the laws are fairly comprehensive and regulate the treatment of EU citizen data by US-based websites as well.
Given the increasing concern of even US users (and Congress) as to the ultimate destination of personally identifiable information, this shot across the bow from lightly-populated Schleswig-Holstein could be a harbinger of increased enforcement ahead.
Hat tip to Dr. J.C. Seevogel (@InTheLaw).
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