German high court rules Facebook "Friend Finder" is unlawful
German high court rules Facebook "Friend
Finder" is unlawful
Thu Jan 14, 2016 3:16pm EST
FRANKFURT - Germany's highest court has declared unlawful
a feature that encourages Facebook users to market the social media network to
their contacts, confirming the rulings of two lower courts.
A panel of the Federal Court of Justice ruled that
Facebook's "friend finder" promotional feature constituted
advertising harassment in a case that was filed in 2010 by the Federation of
German Consumer Organisations (VZBV).
The Facebook feature invites users to grant it permission
to vacuum up the e-mail addresses of friends or contacts in the user's address
book, which in turn allows the social network to send an invitation to
non-Facebook users to join the service.
The court concluded this was a deceptive marketing
practice, confirming decisions by two lower courts in Berlin in 2012 and 2014,
which had found that Facebook had violated German laws on data protection and
unfair trade practices.
The federal court also said Facebook had not adequately
informed members about how it was using their contacts' data.
In a statement, a spokeswoman for Facebook in Germany
said it was waiting to receive the formal decision and would study the findings
"to assess any impact on our services".
The VZBV welcomed the ruling and said in a statement that
it will have implications for other services in Germany which use similar forms
of advertising.
"What the judgment means exactly for the current
Friends Finder, we now have to find out," said Klaus Mueller, head of the
VZBV.
"In addition to Facebook, other services use this
form of advertising to attract new users. They must now probably rethink,"
Mueller added.
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