Dutch government may have to stop Facebook after advice from AP

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The Dutch government may have to stop using Facebook for communication. The government had a privacy study carried out, which revealed several high risks. The government wants Meta to solve it, but the company refuses.

Outgoing State Secretary Alexandra van Huffelen of Digitalization writes this in a letter to the House of Representatives. She had the Dutch Data Protection Authority carry out a data protection impact assessment into the use of Facebook Pages by the Dutch government. The AP concludes that government organizations 'shouldn't use Facebook if it is unclear what happens to the personal data of visitors to their Facebook page'. In the study, the Dutch Data Protection Authority found seven 'high privacy risks' when using Pages. For example, Facebook is insufficiently transparent about what data it collects and what messages it shows, and there is a 'loss of control due to unlawful processing'.

In addition, Facebook uses 'tracking cookies in a misleading way' and the platform collects data from citizens who have not given permission for this. “Data about the behavior of page visitors is also collected without sufficient insight into the logic of using that data to display personalized messages, recommended other content and advertisements. Finally, there are concerns about the transfer of personal data to third parties countries and third parties,” writes Van Huffelen.

Following that investigation, the government entered into discussions with Meta in 2023. The ministry then hoped that it could make agreements with Meta to mitigate several of those risks. That is not unthinkable; In the past, the government was also able to force Google, for example, to adapt ChromeOS for the whole of Europe when it turned out that it did not meet the privacy requirements for education.

Meta didn't want that. “The conversations have shown that Meta is not prepared to adjust Facebook Pages and the processing of personal data in that context in such a way that the personal data processed in connection with the BZK Pages will only be processed for the benefit of BZK, i.e. as a processor “, writes Van Huffelen. Meta also does not want to recognize 'joint processing responsibility'. The company believes that the government itself is responsible for the processing.

Van Huffelen discussed the results of that conversation with the Dutch Data Protection Authority. According to the privacy regulator, this means that in that case it would be best for the Dutch government to stop using Facebook pages. “Government organizations should not use such platforms as a communication channel if they conclude that they are not sure what happens to people's data. It must be crystal clear what happens to your data. That is the norm,” says AP chairman Aleid Wolfsen .

Outgoing State Secretary Van Huffelen will now talk to Meta again. She also takes the AP's new concerns into account. “I want clarity from Meta as soon as possible, at the latest before the summer recess, on how they will respond to our concerns. Otherwise, in line with the advice of the AP, we will be forced to stop our activities on Facebook Pages,” she writes.< /p>