German Privacy Regulator Demands Facebook Allow Pseudonyms
Facebook’s ongoing clashes with European privacy laws have escalated, as a German data protection authority ruled that the platform’s real-name policy violates national law. The Unabhaengiges Landeszentrum fuer Datenschutz (ULD) in Schleswig-Holstein declared Facebook must permit pseudonymous accounts under the German Telemedia Act (TMG).
Key Legal Conflict
- Section 13(6) of TMG requires service providers to enable anonymous or pseudonymous use where technically feasible
- ULD asserts this protects fundamental rights, particularly freedom of expression online
- Facebook maintains its policy is legal under Irish law (where its EU HQ is based)
Regulatory Stance
Thilo Weichert, Head of ULD, stated:
“It is unacceptable that a U.S. portal violates German data protection law unopposed. The real-name obligation must be immediately abandoned.”
The regulator argues that:
- Facebook Inc. and Facebook Ltd. share legal responsibility
- Pseudonym use is reasonable and doesn’t compromise security
- The policy contradicts Germany’s privacy protection framework
Facebook’s Response
The social media giant plans to “vigorously” contest the ruling, calling it:
- Without merit
- A waste of taxpayer funds
- Properly governed by Irish/EU law
Broader Implications
This conflict highlights:
- Ongoing tensions between US tech giants and EU privacy standards
- Questions about jurisdiction when multinationals operate across borders
- Fundamental debates about online identity and free expression
Next Steps
The case may proceed to administrative court in Schleswig if Facebook formally objects. Meanwhile, the ULD reports receiving complaints from citizens whose pseudonymous accounts were blocked.
Context
- This follows Facebook’s 2012 decision to disable facial recognition in the EU
- All German data protection commissioners oppose the real-name policy
- Facebook previously admitted to 83 million fake profiles on its platform
The outcome could set important precedents for digital privacy rights in Europe.
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