
EU Court: Administrator of Facebook fan page is jointly responsible for privacy [pdf] - tom_mellior
https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-06/cp180081en.pdf
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tom_mellior
Sorry about the shortened title, I did my best. The original is: "The
administrator of a fan page on Facebook is jointly responsible with Facebook
for the processing of data of visitors to the page"

The link is to the press release, the actual judgment is available at
[http://curia.europa.eu/juris/documents.jsf?num=C-210/16](http://curia.europa.eu/juris/documents.jsf?num=C-210/16)
(hover over the first document icon and click the language of your choice)

This is on the basis of the 1995 Data Protection Directive which has been
repealed with the entry into force of GDPR on May 25. I'd be interested in
understanding what this means. Will the German lower court decide based on
this outdated Directive? Or doesn't it matter because GDPR is equivalent in
this regard?

~~~
detaro
From the reports I've seen, GDPR is equivalent in the relevant parts, only the
last bit (who the DPA can directly investigate) has changed, which isn't
central to the case.

What I found interesting is that they reference the analytics visible to the
page administrator: Does that mean that turning them off makes a material
difference? Or is it just an additional thing the page owner has to take into
consideration?

~~~
tom_mellior
> What I found interesting is that they reference the analytics visible to the
> page administrator: Does that mean that turning them off makes a material
> difference?

I also read that as saying that if an admin could opt out of analytics,
everything might be fine.

Though in the actual final ruling part they just say that "the concept of
‘controller’ within the meaning of that provision encompasses the
administrator of a fan page hosted on a social network" without any further
qualification.

~~~
detaro
Here's two articles I saw today about it:

[https://verfassungsblog.de/who-controls-a-facebook-
page/](https://verfassungsblog.de/who-controls-a-facebook-page/) (english)

[https://www.cr-online.de/blog/2018/06/06/fanpage-urteil-
des-...](https://www.cr-online.de/blog/2018/06/06/fanpage-urteil-des-
eugh-10-fragen-10-antworten-good-bye-auftragsverarbeitung-welcome-gemeinsame-
verantwortlichkeit/) (German)

