Comments like this:
"It is unacceptable that a US portal like Facebook violates German data protection law unopposed and with no prospect of an end"
Make me realize that there are still people who do not understand how the Internet works. There are no boarders on the Internet. German people are under no obligation whatsoever to use "a US portal".
Facebook operates in Germany, therefore it is bound by the regulations of that country. In the same manner that it would break German law if it openly promoted antisemitism.
Facebook can chose not to operate and offer services to German customers within Germany if it doesn't like the laws of that country.
Every country has the right to define its own laws that (in general) are there to protect its citizens. Companies who operate in a country are bound by those laws, whether they like them or not.
Privacy is very important to Germans. They have learnt from experience that it is very dangerous to centralize identifying information within the hands of a single ruling entity.
As far as I am aware they operate out of Ireland, that means they need to follow EU laws.
I am not aware if that gives Germany any power over them or not, but if Germany can prove that the same laws they are referencing (and the data protection laws are the same across the EU, so I am making a big assumption here that it is the case) they could make Facebook follow the EU laws.
I am not aware if that gives Germany any power over them or not
Not really, it is Irish law that applies.
the data protection laws are the same across the EU, so I am making a big assumption here that it is the case
Yes and no. EU Directives set out a lot details (and usually minimum levels) for various things, but countries implement & transpose them into national law (i.e. actual law) themselves and there can be differences. Remember not all countries in EU speak same language, have same legal systems (civil law vs. common law) or use the same currency so there will be some some superficial differences. Sometimes countries get a opt-out of certain EU directives. Sometimes countries will go above and beyond the EU directives. (e.g. in UK it's possible to opt out of the 48 hr maximum working week, whereas France has no opt out and sets the maximum working week at 35 hrs.) Broadly speaking EU law will be the same across the EU.
However the next EU Data Protection / Privacy directive will allow one country to act against a company/person if they are active in that country, rather than it having to be based on where that company's headquarters are.
What does it mean to operate in a country? I don't think running a website that doesn't block access from a particular country can be interpreted as operating in that country. Maybe Facebook does more than that, e.g. sell advertising in Germany.
> Privacy is very important to Germans. They have learnt from experience that it is very dangerous to centralize identifying information within the hands of a single ruling entity.
Never mind that this is very close to Godwining the discussion: There is a world and then some of difference to telling a private company your real name and being physically forced to detail the ethnicity of your entire family to the government.
It's also rampant survivor-bias (although the name of that bias is awfully inappropriate in this context). Plenty of countries did (and still do) plenty of registration of citizen's private data without subsequently mass murdering them.
The comment you replied to was certainly not a reference to Nazi Germany at all. Germans understand that a privacy-related reference to german history is usually a reference to the former state of East Germany which was famous for massive surveillance.
I'd argue that we should listen very carefully to what Germany has to say on the matter, historically, they know and have learned from past mistakes.
Also, Facebook has a data center in Finland, which is under EU-jurisdiction. Germany has a lot of say internally in EU, so Facebook could very quickly be subject to such laws - as they should!
Sure, but I am not quite sure how they are structuring this from a legal perspective. Wouldn't be surprised if this were in fact some pseudo-independently operating branches for both tax reasons as well as the protection of their US assets.
I think Germany understands full well how the internet works:
Nations all over the world block content that violates their laws... from the Tiananmen Square Wikipedia page being blocked by China to megaupload.com being blocked by the U.S.
Certainly Germany cannot prevent you from running a server in India and publishing to Indians, but they certainly can prevent you from broadcasting to Germans, and if you want to do so, you have to play by their laws.
No,because technically if I run a server in the US, and a german user connects to my website, I should not be bothered by the german laws,and there is nothing the German government can make me do with my website. If they don't like their citizens accessing my server,they can block it inside their national network, but saying that I should conform to their laws is preposterous. I imagine that everyone happily complies with Saudi Arabia's requests to remove pictures of women driving, from every single website on the Internet, because that violates their laws. Internet does not know boarders - I run a server, if you want to access it from within your country - cool,but I am not going to bother with your country's laws,because it wouldn't make any sense to do so.
True, but it can make it a lot harder for facebook to sell ads in Germany. While the userbase is international and can move between borders at will, the same is not true of the monetization flows.
Make me realize that there are still people who do not understand how the Internet works. There are no boarders on the Internet. German people are under no obligation whatsoever to use "a US portal".