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Max Schrems, European activist for privacy filed a new batch of strategic complaints with technology giants, including Amazon, Apple, Netflix, Spotify and YouTube.
The complaints, filed via its non-profit organization for privacy and digital rights, noyb, concern the way in which services respond to requests for access to data, in accordance with regional data protection rules.
Article 15 of the European General Data Protection Regulation (GDPR) provides for a right of access by the data subject to the information contained in it.
The companies claim that the technology companies structurally violate this right: they have built automated systems to respond to requests for access to data that, after being tested by noyb, failed to provide the user with the relevant information to which they are legally entitled.
noyb has tested a total of eight companies in eight different European countries and has stated that none of these services has provided a satisfactory response. She filed a formal complaint with the Austrian Data Protection Authority against the eight people, which also include the SoundCloud music and podcast platform; DAZN sports streaming service; and video on demand on the Flimmit platform .
The complaints were filed on behalf of ten users, in accordance with Article 80 of the RGPD, which allows the persons concerned to be represented by a non-profit badociation such as noyb.
Here are the details of the responses received to his tests – including the maximum potential penalty that each could have to pay if the complaints are accepted:
Two companies, DAZN and SoundCloud, did not respond at all, according to noyb. While the rest answered with only partial data.
noyb points out that, in addition to obtaining raw data, users have the right to know the sources, recipients and purposes for which their information is processed. But only Flimmit and Netflix provided background information (although the data is not complete) in response to test requests.
"Many services set up automated systems to respond to requests for access, but they often do not even remotely provide the data that each user is entitled to," Schrems said in a statement. "In most cases, the users only received the raw data, but, for example, no information about the people with whom the data was shared. This leads to structural violations of user rights, which are designed to retain relevant information. "
We asked the companies to comment on the complaints.
Last May, immediately following the entry into force of the new European privacy legislation, Nobelb filed its first round of strategic complaints – targeting what he called "forced consent". ", Saying that Facebook, Instagram, Google's Android operating system did not give users the free choice to consent to the processing of their data for ad targeting, as the latter is required to use the service.
A number of data protection authorities are investigating these complaints.
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