Submission Number: 00041
Received: 12/13/2011 8:47:45 AM
Commenter: Michaela Zinke
Organization: Federation of German Consumer Organisations
State: Outside the United States
Agency: Federal Trade Commission
Initiative: Proposed Consent Agreement In the Matter of Facebook, Inc., FTC File No. 0923184
Attachments: No Attachments
Regardless of how the issues of the action will be decided by the court, it is important to get clarification about which national law is (deemed to be) applicable. For German law to be applicable, the place of data processing is crucial. Facebook claims that data processing is done in "European Headquarters", Ireland. Accordingly, Irish Data protection law would have to be applied. We oppose this view based on the assumption that ultimate legal responsibility lies with the US mother company; so far, Facebook has not presented convincing evidence to substantiate their claim. Therefore it is important that Facebooks data processing and privacy audits are publicly available.
In addition Facebook has to integrate the principles privacy by default and privacy by design in their business.