Watchdog: Facebook should allow pseudonyms

The Hamburg Data Protection Authority issued a ruling this week that the social media giant could not prevent its users from using pseudonyms and could not unilaterally change users' pseudonyms to their real names.

The ruling from the city-state of Hamburg's commissioner for data protection, Johannes Casper, followed a complaint by a Facebook user who set up an account under a false name because she wanted to avoid being contacted through it for business matters.

Facebook blocked the woman's access to her account and asked her to use her real name in her profile. They also changed her profile to show her real name without her permission and requested she supply them with a copy of her official photo identification while refusing to accept an alternative form of ID that she had offered.

Caspar also ruled against that move, saying it was unlawful to demand users send in digital copies of their official photo identification, such as their national ID cards or passports.

Facebook 'disappointed'

In response to the ruling, a spokesperson for Facebook said the company was 'disappointed' the issue of usernames was being dug up again, saying its policy had been reviewed many times in the German courts and authorities had declared it compliant with the relevant European data protection laws.

Back in 2013, a higher administrative court in Schleswig ruled that since Facebook's European headquarters was located in Ireland, the company was subject to Irish laws on data protection. Such conditions make it more difficult for citizens of other countries to resolve complaints. Irish privacy authorities had previously ruled in favor of Facebook's authentic name policy.

"The use of authentic names on Facebook protects people's privacy and safety and safety by ensuring people know who they're sharing and connecting with," the company spokesperson added. Users are allowed to use nicknames if that is what they are commonly known by. Reasons for requiring real names also included child safety and the prevention of online harassment.

But Caspar, evoking last year's European Court of Justice "right to be forgotten" ruling against Google, argued that big Internet companies must also abide by national laws. He rejected the argument that Facebook should only be subject to the data protection laws of Ireland.

"Anyone who stands on our pitch also has to play our game," he said.

An administrative instruction of a German data protection authority does not obligate a company to make changes for the time being. The company could enter an objection, or further legal action could be taken. As of Tuesday, when Caspar's ruling was released, Facebook did not comment on exactly how it would respond.

se/sgb (Reuters, epd, dpa, AFP)