Final
Social Media Subgroup meeting
9 November 2018, Rue Montoyer 30, 1st Floor Meeting Room
Welcome & introduction
Approval of the Agenda
The draft agenda was approved.
Approval of the Minutes of the Social Media Subgroup meeting of 14 September 2018
The minutes had been approved by written procedure, however the final version contained an error
in the participants list. A corrected version will be sent out by the Secretariat.
Update from the plenary
- The Terms of Reference and mandates were approved by the September plenary meeting.
National updates
Introduction:
•
aim is to exchange information regarding ongoing activities at national level in relation to the
functions provided by online social media platforms.
•
activities might include: guidance documents issued, ongoing investigations, types of
complaints received, recurring requests for clarification by organisations, etc.
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•
aim of the national updates discussion is not to engage in a detailed substantive discussion,
but rather to (a) ensure mutual awareness and (b) to ensure that the focus of the subgroup remains
relevant (in terms of future work items).
Several members of the subgroup provide an update on relevant activities and trends at national level,
amongst other on the topic of fanpages hosted on social media platforms and data processing of non-
users by social media platforms.
Targeting of Social Media Users (Work Item 1) (
)
The rapporteur presented the outline paper on work item 1, which is discussed amongst the subgroup
members to ensure there is a common understanding of the concepts and scope of the paper, to
identify outstanding areas of key importance and discuss the questions raised at the end of each
section. A detailed discussion on the wording of the draft will follow after the meeting.
Inherently, there are areas of overlap between this work item and the work of other subgroups.
Though there is always the possibility to consult another subgroup on a topic, the view is expressed
that this should not lead to work in the Social Media SG being held up indefinitely - also consultation
might be limited to topics where there is no consensus within the Social Media subgroup or which are
of particular concern. Referencing relevant existing guidelines is of course recommended.
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DE briefed the subgroup on the decision of the High Administrative Court of Bavaria regarding
Facebook Custom Audience (BayVGH, case number: 5 CS 18.1157), noting that the ruling concerns
Directive 95/46/EC and the German transposition thereof, and that main findings are not necessarily
transferable to the GDPR.
The main findings of the Court were that:
• hashed e-mail-adresses (SHA-256) have to be considered as personal data;
• communication of hashed email-addresses to a social media network for the purpose of
targeted advertising is not covered by “processing on behalf of the controller” if the network
decides how to further process personal data, in which case the network is a controller itself
(or possibly a joint controller);
• such communication is not covered by legitimate interests.
Proposals for common strategic priorities in terms of supervision and
guidance (Work item 2)
The rapporteur presents the work item 2 draft for discussion of the different options under each item,
in order to receive feedback on potential priorities.
Interplay between GDPR and e-Privacy: several SAs express interest in this topic, the subgroup decides
to exchange information SAs on the subject and may keep it under consideration for the time being.
Work plan 2019
The coordination team presents a draft work program.
The plenary has tasked all subgroups with submitting a draft 2019 work plan for discussion at the
January plenary meeting.
Any other business
CPC event: Several authorities indicate they will participate.
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To-do/Next steps
Welcome & Introduction
National Updates
Colleagues are invited to share any available links regarding
national updates (decisions, guidance, investigation updates,
…) to the coordination team by 16 November 2018.
(New) national updates will be discussed at the next meeting of
the SMSG
Targeting of social media users
Comments to be sent to the co-rapporteurs by 30 November
(Work item 1)
2018. New version to be circulated to SMSG by 31 January 2018.
Document will be discussed at the next meeting of the SMSG
Proposals for common strategic
Comments to be sent to the co-rapporteurs by
30 November
priorities in terms of supervision
2018. New version to be circulated to SMSG by 31 January 2018.
and guidance (Work item 2)
Document will be discussed at the next meeting of the
SMSG
Work plan 2019
Comments on the draft 2019 work program to be sent to the
coordination team by 5 December 2018.
The result will be submitted to the EDPB secretariat by 14
December 2018.
Next meeting: 26 February 2019
Annex: Attendance List
SAs
AT, BE, DE (Federal, Baden-Württemberg, Hamburg, Schleswig-Holstein), DK, EL, ES, FI, FR, HU, IE, IT,
LT, LU, NL, PL, SE, SI, UK,
NO, IS
Further attendees:
- European Commission
- EDPS
- EDPB Secretariat
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