Enforcing jurisdiction
Slovenia · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case 07121-1/2020/2281 – Order (Slovenia, 2020)

Order
Informacijski pooblaščenec18 December 2020Slovenia
final
Order

Privacy enforcement record

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The Slovenian data protection authority advised a Facebook group administrator to ensure they have a legal basis before using members' personal data for ads. This guidance is crucial for anyone managing online groups to avoid legal issues. It shows that even in social media, privacy rules apply.

What happened

The authority advised that the group administrator must provide a legal basis for using personal data for advertising within a Facebook group.

Who was affected

Members of the Facebook group whose personal data could be used for advertising.

What the authority found

The authority emphasized that each controller must have a legal basis for processing personal data, especially in social media contexts.

Why this matters

This guidance highlights the responsibility of group administrators to protect members' privacy. It serves as a reminder for online group managers to understand and comply with data protection laws.

Recorded legal citations
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Art. 6(1) GDPR
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Art. 6(1) GDPR

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Full Legal Summary
Detailed

The Slovenian DPA received a complaint regarding the use of the complainant personal data for advertising purposes inside of a Facebook group. The DPA advised that the group administrator should first provide an appropriate legal basis for transferring the personal data to Facebook for advertising purposes and, second, for transferring personal data to the users of the SNS (Social Networking Service). In such a case, the group administrator will, together with Facebook, act as joint controller for the processing of personal data related to the ads. For the legal basis of processing personal data in the Facebook group, the DPA advised that this is usually determined by the group rules (terms and conditions), which every group member accepts when joining the group. Finally, the DPA reasoned that the ad in question, shown only in the Facebook group, was likely only meant for the group members and not for the general public. Publishing the ad inside of a Facebook group, although publicly, doesn't mean it will be read by all Facebook users, but likely only by the group members that are only interested in the content relevant for the group. The Slovenian DPA advised that each controller of personal data must have a legal basis for such processing.

Outcome

Order

A binding order requiring the controller to take specific action.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 07121-1/2020/2281 in SI

This is the only recorded action for this entity in this jurisdiction.

Details

Order Date

18 December 2020

Authority

Informacijski pooblaščenec

GDPRhub ID

gdprhub-3144

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 07121-1/2020/2281 - Slovenia (2020). Retrieved from cookiefines.eu

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