Messenger-App: Gericht sieht Rechtsverstöße beim Messengerdienst Snapchat

Snapchat, a popular messaging app among teenagers, has been found to violate privacy and child protection laws by illegally obtaining and processing user data via an AI-powered chatbot called "My AI". According to a ruling from the Cologne District Court, the company's operators unlawfully collected user data, including personal details that users willingly shared with the chatbot. This data is used to personalize the user experience, such as displaying targeted advertisements.

Consumer advocate Ramona Pop, who filed the complaint, stated that the chatbot presents itself as a friend, encouraging users to share personal data and potentially disclosing sensitive information. Young users are particularly vulnerable to this manipulation. Pop argues that any data entered in the chat could be evaluated and used for personalized advertising, even for sensitive information like religion or sexual orientation.

However, such data should only be processed with explicit consent from the user, and explicit parental consent for users under 16. Snapchat did not provide any such consent.

The court also found that Snapchat pre-selected advertisements promoting alcohol and gambling in the app. The court emphasized that such advertising should not target children or teenagers. Snap argued that they should not offer alcohol or gambling-related advertisements to minors due to internal advertising policies. However, if the AI chatbot provided information related to alcohol and gambling, it would not be considered advertising but merely responses to user questions.

The plaintiff posed sample questions and identified herself as a 14-year-old girl, receiving an answer suggesting popular cocktails like Mojito, Margarita, and Piña Colada. The court acknowledged that even without considering these responses as advertising, the company still risks breaching its duty of care in displaying advertisements for alcohol and gambling to underage users.