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Top German data cop slaps down Facebook's real name policy

Unser Feld, unsere Regeln. Verstanden?

Johannes Caspar, Germany’s Hamburg Commissioner for Data Protection, has told Facebook to allow users to use pseudonyms on the free content ad network.

In Tuesday's ruling (in German) Caspar said Facebook’s real names policy is against German data protection law and must stop immediately.

Facebook’s policy requires users to show official photo identification documents (identity card or passport) for proof of identity when Zuck and Co, in their infinite wisdom, doubt the veracity of account names.

Caspar said this is also prohibited, and hardly surprising in a country that allows "artist" names or pseudonyms on ID cards.

Caspar also said "unauthorised changing of the pseudonym to the real name of the account holder blatantly violates the right to informational self-determination and constitutes a deliberate infringement of the Data Protection Act."

A woman had complained to the Hamburg watchdog after Facebook blocked her account and then unilaterally changed her username for her real name.

Facebook argued, as it does in all cases throughout the EU, that only Irish law applies to it because it's headquartered there. In December 2011 the Irish data protection commissioner gave the real names policy the go-ahead.

“The use of authentic names on Facebook protects people’s privacy and safety by ensuring people know who they’re sharing and connecting with,” the company said in a statement.

This cut no ice with Caspar.

"In this case, Facebook can not retreat to the position that the Irish Data Protection Act is relevant," he said, adding: "Facebook is an economic activity with its branch in Hamburg in Germany. Therefore the following applies: If you play on our pitch, you play by our rules."

He added that a similar tactic from Google failed before the European Court of Justice last year.

The dispute will do little to reassure data protection officials in Germany that Ireland’s data protection rules are up to the job of policing the many international internet giants that base their European operations in Dublin.

This split has led to some tough negotiations on the proposed EU Data Protection Regulation, which aims to clarify jurisdictional issues.

Facebook, meanwhile faces investigations about its user tracking policy in a handful of other EU countries. ®

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