Reply to post: Wrong law, wrong discussion

German court says 'Nein' on Facebook profile access request

Gamrith

Wrong law, wrong discussion

The Berliner Kammergericht didn't use the the data protection laws. It applied the socalled Fernmeldegeheimnis (telecommunications secrecy) to the Facebook-communications, which forbids the unauthorised interception, suppression, exploitation or defacing of telecommunications messages, which include telefone, wireless communications, telegraphy, telex and similar communcations. Under another law, emails also fall under the telecommunications secrecy. The Kammergericht just chose to view Facebook-Postings as Emails.

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