- Passau Regional Court: Opinions of data protection authorities are not binding on courts.
- Processing purpose can be freely chosen; controller determines required data scope.
- International data transfer to the USA is permitted (Data Privacy Framework / standard contractual clauses).
- No indications that Facebook unconditionally provides data to US intelligence services; transfers may be justified by contractual performance.
On February 16, 2024, the Passau Regional Court (LG) issued a remarkable ruling (Ref. 1 O 616/23). Among other things, it is rightly stated that the Opinions of data protection authorities not binding for courts This is a very welcome statement for the EU, as the opinions of the authorities are de facto almost given the force of law. The statements on free purpose of the person responsible and Transmission to the USA are worth reading.
Background: A Facebook user had filed a lawsuit against Facebook and Meta. In April 2021 become knownthat public data of more than 500 million users had been tapped (scraped) by Facebook and published on the internet, presumably including the plaintiff’s data. The plaintiff claimed that this was the result of unclear and non-transparent settings and non-privacy-friendly default settings, as well as a lack of security measures, that Messener was systematically monitored and that Facebook collected masses of data outside of Facebook. This data is transferred within the group, in particular to the USA, where it is forwarded to the NSA for investigation without cause, which is illegal.