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How can a government have jurisdiction over this? By the existence of a law proclaiming so. Also, in this case it was not the government but another organ of
by madez 11y ago
How can a government have jurisdiction over this?
By the existence of a law proclaiming so.
Also, in this case it was not the government but another organ of the state, unless you refer with ´government´ to any organization of public law.
In many jurisdiction there are restrictions and rules for businesses in place. For example, often you can't restrict purchases of your product based on the customers skin colour.
In Germany privacy is fundamentally more valued and protected than in the US of central-north America. For example, under german law you have the right to get virtually all information a organization is keeping about you, why they are keeping it, where it is from, how they use it and who they share it with. The organization is obligued to comply without financial compensation [1]. Furthermore, there are broad cases where the deletion of the stored information can be demanded [2]. Information about people may not be stored without the technical necessity for the service or without the explicit consent from the affected persons. As soon as the consent is withdrawn or the data is not any more needed to offer the service, it must be deleted.
Facebook collects and keeps data about people who do not have an active account. That is not allowed in Germany. To put it blunt; in its current form, Facebooks practices are illegal under german law.
Germans don't want anybody to collect data about them, and made laws against it. Ironically, they still use Google. I guess most simply don't understand the implications or don't see practical alternatives.
I hope this elaboration makes the situation more understandable.
[1] http://dejure.org/gesetze/BDSG/34.html http://dejure.org/gesetze/BDSG/34.html
[2] http://dejure.org/gesetze/BDSG/35.html http://dejure.org/gesetze/BDSG/35.html
- icebraining 11y agoAs a side note, those data protection laws are widespread across the EU, thanks to Directive 95/46/EC.
- madez 11y agoThank you for this information. Indeed, in Section II, Article 7 rules are laid down [1] which Facebook is violating, for example with shadowprofiles. [1] http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:...
- mseebach 11y ago> By the existence of a law proclaiming so. No, you've got that backwards. Jurisdiction is what allows the government to make a law in the first place. "Territory within which a court or government agency may properly exercise its power" https://www.law.cornell.edu/wex/jurisdiction https://www.law.cornell.edu/wex/jurisdiction
- deleted 11y ago[deleted]
- germanier 11y agoYour definition only refers to government agencies and courts. Not the body creating the laws in first place. The German parliaments are free to create any law they like (as long as they respect the German constitution). The only problem would be enforcing the law. As Facebook has offices in Germany and targets German customers that shouldn't be too hard.
- mseebach 11y agoA law is only a law as long as it can be enforced by courts and agencies. That's what jurisdiction means. And it's not "my definition", it's Cornell Law Schools.
- germanier 11y ago"Your definition" in the meaning of "the definition you cite". If you read the page you linked closely (and remove all the US specific stuff) you see that it really only talks about of enforcement not lawmaking. Your own addition > Jurisdiction is what allows the government to make a law in the first place can nowhere be found on the page you linked. There are a lot of laws in the books everywhere in the world that are usually not enforced because you can't. Germany (as well as many other countries) has laws regarding human trafficking that apply to anyone everywhere in the world. Would you argue that this is not a law? If that's the case we can agree to disagree.
- madez 11y ago