Counting pixels in sight: Data protection concerns concern website operators!

Radio Bremen uses tracking pixels to statistically analyze the surfing behavior of the users. This is based on the proviso that technically no conclusions about individual persons are possible. Users have the option of contradicting data acquisition and transmission by the providers at Internet and Piano Analytics.

In addition, users can determine whether external content, such as texts, images or videos, should be displayed without renewed approval. If this function is activated, a connection with the respective provider is established when accessing the content. However, if the consent is deactivated, it must be obtained again on the relevant page. The external content includes offers such as the ARD Mediathek, ARD Audiothek, Facebook, YouTube, Vimeo, Dailymotion, Vine, Skribblelive, Instagram, Datawrapper, Tiktok and Google Chromecast support.

Technical backgrounds to track pixels

tracking pixels are 1 × 1 pixel large graphic elements that are embedded on websites. They enable log file records and statistical evaluations of websites, apps and emails. The use of tracking pixels has a small loading time and they are not visible to the users. If a tracking pixel is embedded in an HTML page, this automatically triggers a request to the server.

The legal classification of the use of tracking pixels is unclear for website operators. According to Section 25 (1) of the TDDDG, counting pixels are not technically necessary for the operation of a digital service, and the exception of Section 25 (2) does not apply to tracking pixels. The German data protection supervisory authorities confirm that data is transmitted when accessing digital services, but the public IP address is not considered access if it is necessary for the service. Since tracking pixels are not necessary for the operation of the service, they do not fall under this exception. A legally compliant use of tracking pixels is therefore only possible if no personal data is determined, since the processing of such data results in the application of the GDPR. The provider of the digital service is responsible for obtaining the consent of the users in order to be able to use tracking pixels.