4 ms·
I'm not convinced German constitutional protections are weaker than the 4th Amendment. The constitution even includes a right to the guarantee of confidentialit
by germanier 10y ago
I'm not convinced German constitutional protections are weaker than the 4th Amendment. The constitution even includes a right to the guarantee of confidentiality and integrity of information technology systems as ruled by the constitutional court. https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2008/02/rs20080227_1bvr037007en.html https://www.bundesverfassungsgericht.de/SharedDocs/Entscheid...
- kuschku 10y agoI think the argument is more that Facebook is a US company, Facebook isn’t bound by German law (unless they operate in Germany, which they do), and the 4th Amendment only applies to Americans.
- rmc 10y ago> Facebook isn’t bound by German law (unless they operate in Germany, which they do) If you're not in the USA or Canada, and use Facebook, your agreement is with Facebook Ireland Ltd, and bound by Irish, and European, data protection law. A Facebook user in India has EU data protection rights.
- rmc 10y ago> I'm not convinced German constitutional protections are weaker than the 4th Amendment. Here's a report from the EU commission about why the US constitutional/legal protection is much less than the EU (and hence German) equivalent: http://www.europarl.europa.eu/RegData/etudes/STUD/2015/519215/IPOL_STU%282015%29519215_EN.pdf Basically: Unlike the EU Charter of Fundamental Rights, US 4th Amendment doesn't cover non-US people outside the US, and it only covers government warrents. What Facebook does with your data is not covered by the 4th Amendment. What Facebook does with your data is covered by Article 8 of the EUCFR.