BERLIN, Feb. 15 — A Berlin-based court ruled Monday that large
parts of Facebook’s default privacy settings and conditions of use have
violated German consumer law.
The Higher Regional Court ruled in favor of the Federation of German
Consumer Organizations (known by its German initials as VZBV), which
launched a lawsuit against the U.S. social media company in August 2015.The
ruling dictates that Facebook’s several default activations are
inappropriate, including a feature of its mobile phone app that pinpoints
the location at which the user is chatting unless the function is turned
off. The state-level court said Facebook failed to guarantee that users
were aware that their whereabouts had been shared.
The judges decided that all of the five settings which VZBV complained
about were unlawful.Additionally, the court decided that eight clauses in
Facebook’s terms of use were against German consumer law and hence
ineffective. These include pre-formulated declarations of consent allowing
the company to use users’ personal data, such as names and profile
pictures, for commercial purposes and transfer them to the United
States.Concerning Facebook users’ choice of name, the company originally
insisted that users use “real names” on the site but later changed its
policy, requiring users’ “authentic names” instead, which means users are
allowed to use any name they are widely known by. The revision was ruled
unlawful by the court as well.
However, VZBV failed in its attempt to ban Facebook in using the marketing
slogan “Facebook is free.” The consumer organization argued that the slogan
was misleading as users effectively paid for Facebook’s services with the
data they surrendered to the company. According to the Spiegel magazine,
both Facebook and VZBV have appealed the court’s decision, which is not yet
legally-binding. Facebook is under no obligation to change its settings
until the court hammers out a final settlement of the dispute.Commenting on
Monday’s verdict, a Facebook spokesperson said that the judges had agreed
with the company’s argument “in several aspects,” adding many of its terms
had changed “a lot” since the beginning of the trial.”We are working hard
to ensure that our guidelines are unambiguous and easy to understand, and
that the services offered by Facebook fully comply with prevailing laws,”
Facebook said in a statement. – XINHUA
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