Federal Authority Potentially Active on Facebook, According to Court Decision - Government granted access to operate on Facebook platform
In a landmark ruling, the Administrative Court of Cologne has clarified that the responsibility for data protection compliance on Facebook, including managing cookies and user data, lies primarily with Meta, Facebook's parent company. This decision follows a lawsuit filed by the Federal Press Office, aiming to establish legal clarity for the operation of Facebook pages by authorities.
The ruling, which is not yet final, comes amidst ongoing concerns over data protection regarding the federal government's use of Facebook. The court's decision allows the federal government to continue operating its Facebook page, which has around one million followers, during the legal dispute.
The case revolves around fundamental, complex factual and legal questions regarding European data protection law. The court's ruling only addresses the responsibility for data consent, but it is expected that the ongoing legal dispute between the Federal Press Office and the current data protection officer, Louisa Specht-Riemenschneider, will continue.
The ruling aligns with the broader EU General Data Protection Regulation (GDPR) framework, where platform operators generally bear primary responsibility for data processing activities on their services. Government authorities, while running official pages, do not handle the underlying data processing, hence their liability is limited.
Meta has announced plans to use data from public Facebook pages and profiles, including government pages, to train AI models starting May 2025. This has raised legal concerns, including whether such data use complies with GDPR requirements, such as necessity, adequacy, and prohibition of sensitive data processing.
Germany implemented a Consent Management Ordinance in April 2025 to streamline user consent for cookies and similar technologies, potentially impacting Facebook’s compliance obligations. Additionally, a Europe-wide review of the right to erasure under GDPR Article 17 is underway, involving German data protection authorities.
Stefan Kornelius, government spokesman, stated that social media is a central and often the only source of information for many people. The Federal Press Office views its Facebook presence as an important part of public relations work and intends to continue it.
Despite the ruling, the federal government's Facebook page remains a subject of controversy due to data protection concerns. The current data protection officer, Louisa Specht-Riemenschneider, believes that Meta collects data from users without a valid consent from the users. An appeal can be lodged against the ruling, to be decided by the North Rhine-Westphalian Higher Administrative Court in Münster.
- The ruling by the Administrative Court of Cologne marks a significant development for community aid, as it affirms Meta's responsibility for managing data consent on Facebook, including government pages, aligning with the EU General Data Protection Regulation (GDPR) framework.
- As the federal government continues its Facebook page operation during the legal dispute, concerns persist over the use of technology, such as data collected for research programmes in entertainment and social-media sectors, especially Meta's plans to use data for AI models from May 2025, which may not comply with GDPR requirements.
