Jusletter IT

The author examines if the social network facebook respects the legal data protection principles under the applicable law, and the possibility of the Federal Data Protection and Information Commissioner to investigate under art. 29 of the Federal Act on Data Protection. It results that facebook violates the proportionality, the consent and the binding to a purpose of the data processing. Also, the conditions of cross-border data transfer and data files subject to registration are not respected. However, due to the structure of art. 29 Federal Act on Data Protection as a «can»-regulation no measures are taken with the justification of costs and legal security. (as)