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Online Time: Mr Albrecht, how should Europe respond to data scandal on Facebook?
Jan Philipp Albrecht: It is quite simple: we must enforce applicable law. This requires an accurate investigation by respective data protection authorities. The only problem is that so far Facebook does not even reveal its approach to European supervisory authorities.
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Is spokesperson for Greens Group in European Parliament. He was negotiator of Parliament for new EU data protection regulation. Albrecht succeeds Schleswig-Holstein’s Environment minister Robert Habeck.
It is clear: an apology from Marc Zuckerberg is not enough. The group is one of largest companies in world. From his annual turnover – almost 28 billion euros – classic industrial groups can only dream. With such a big market power, it needs sanctions, Facebook should have broken rules.
Online Time: What rules do you mean exactly?
Albrecht: If users have not released that third parties are allowed to use ir data – and this is what I am going to do, and Facebook admits it – n this is clearly a violation of data protection rules and must be punished. Fortunately, as of 25 May, new data Protection basic regulation of EU will enter into force, which in this case provides for high penalties.
Online Time: Before, Facebook could get away without consequences?
Albrecht: No, Facebook’s approach is also illegal under current law. The authorities can now impose fines. I also expect that from competent Irish supervisory authority. From May 25th, however, it will be much easier and perhaps even more painful for Facebook: n up to four percent of annual turnover can be imposed as a sanction. This can be a threat to Facebook.
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Online Time: Why should EU countries like Ireland or Luxembourg be more stringent? It is a business model for you to recruit companies like Facebook or Google with low tax rates and perks to create jobs in your countries.
Data misuse-How to better protect your data on Facebook © Photo: Claudia Bracholdt
Albrecht: These countries know for sure that y have no choice from May. We have even set up a mechanism for competent supervisory authority in Europe to be forced by a majority decision by or national supervisory authorities to act hard. Ireland will not be able to duck – not even in past, which are clearly in breach of law.
Online Time: In meantime, re are prominent voices from Silicon Valley who warn that without Europe influence of digital corporations worldwide will be out of control. What else can EU do here?
Albrecht: The large companies in Silicon Valley are now more open and respectful of what EU has achieved in terms of data protection than many European corporations and politicians. The federal government in particular has made every point in basic data protection regulation to weaken our proposals and to speak out badly. The EU is only player in world to adopt this issue. Or states are envious of us. The European data Protection standard is just becoming world standard – simply because companies apply it globally.
Online Time: Since beginning of year, network enforcement law in Germany has obliged Facebook to delete illegal content quickly. Was German push right to let Facebook regulate itself?
Albrecht: The German NetzDG is completely wrong way. The debate about it may have been right. But we need European rules. Europe is largest single market in world, no company is around us. And corporations say rightly: we cannot observe 28 different rules.
Moreover, we should never have been able to give responsibility to platforms. It would have been better to increase headcount in public Prosecutor’s offices and courts. That may cost, but it is price of a legal state capable of action. Orwise, it is end of programmers who decide what ethical and legal rules companies will follow.
Online Time: Have we not also surrendered a little before big digital companies?