Data Protection Commissioner’s office ‘following’ German ruling against Facebook facial recognition
As Hamburg's data protection authority (DPA) rules that Facebook's automatic facial recognition software is illegal under EU law, the office of the Data Protection Commissioner says it is “following the issue closely.”
On 4 August, the Hambug DPA determined that Facebook’s feature amounts to storing "biometric data", which is illegal in the EU without explicit consent. Facebook's service is automatically turned on, and users have to opt-out in order to switch it off.
The DPA also said it had repeatedly asked Facebook to remove the feature, and that they may face a €300,000 fine if a deal isn't reached.
Facebook however disputed the ruling, and maintained that its feature broke no laws or regulations.
Spokesperson Tina Kulow said that “we will consider the points the Hamburg Data Protection Authority have made about the photo tag suggest feature but firmly reject any claim that we are not meeting our obligations under European Union data protection law. “
“We have also found that people like the convenience of our photo tag suggest feature which makes it easier and safer for them to manage their online identities," he also said.
Contacted by Maltatoday, a spokesperson for Malta’s Data Protection Commissioner said that he was “briefly informed of the case.”
He said that while the office has no received any complaint related to the facial recognition feature, the office is “closely following the issue given that the Hamburg DPA has now notified the Article 29 Data Protection Working Party (an independent European advisory body on data protection and privacy and of which this Office is a member) about the matter.”
