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A group of European consumer watchdogs filed a privacy complaint against Google, claiming that the company used tampering tactics to keep track of Internet users' stances for targeting ads.
Consumer organizations lodge their complaint in the new European Data Protection Framework, the GDPR, which allows regulators to impose heavy fines for breach of compliance, representing up to 4% of the company's data. 39, global annual business of a company.
In RPGDs, a legal basis based on consent for the processing of personal data (for example, the location of the person) must be specific, informed and freely given.
In their complaint, the groups, including the Norwegian Consumers Council, claim that Google does not have the appropriate legal basis to track users via "Location History" and "Web Activity and Apps", settings built into all Google Accounts and that for Android users Smartphones based on, they say, are particularly difficult to avoid.
Google's mobile operating system remains the dominant smartphone platform at the global and European level.
"Google processes extremely detailed and exhaustive personal data without legal basis, and the data was acquired using manipulative techniques," said Gro Mette Moen, acting head of the service unit. the Norwegian Consumer Council, in a statement.
"When we carry our phones, Google records where we are going, what floor we are on and how we are progressing. This can be combined with other information about us, such as what we are looking for and the websites we visit. Such information can in turn be used for things such as targeted advertising intended to affect us when we are receptive or vulnerable. "
In response to the complaint, a Google spokesperson sent TechCrunch the following statement:
Location History is disabled by default and you can edit, delete, or suspend it at any time. If this feature is enabled, it helps to improve services such as the expected traffic on your route. If you pause it, we'll tell you that depending on your phone and app settings, we may collect and use location data to improve your Google experience. We also allow you to control location data in a variety of ways, including a different Google setting called Web & App Activity and on your device. We are constantly working to improve our controls and we will read this report carefully to see if there are any solutions to take into account.
Earlier this year, the Norwegian watchdog released a damning report of dark pattern design tips by Google and Facebook to manipulate users by pushing them toward "intrusive privacy options." ". He also reviewed Microsoft's consent flow, but felt that the company relied less on such unfair tactics.
Among the underhanded techniques called by the GDPR complaint targeted by Google, which relies on the previous report, include allegations of deceptive clickstream, groups noting that a "location history" setting can be enabled when setting up Android without the user being aware of it; key parameters are both hidden in menus (hidden) and enabled by default; users being presented at the decision point with insufficient and misleading information; repeat offsets to enable tracking of the position even after a user has previously disabled it; and grouping "invasive location tracking" with other unrelated Google services, such as sorting photos by location.
The GDPR is still in its infancy, barely six months after the entry into force of the regulation across Europe. However, much of the first wave of complaints is about consent, according to the Data Protection Officer in Europe, who also told us in October that more than 42,000 complaints have been lodged in total since the entry into force. force of the Regulation.
With respect to Google, the location complaint is by no means the only GDPR – or GDPR-related complaint – that it faces.
Another complaint, also filed in May by a consumer-centric organization, was what it called "forced consent" by Google and Facebook – pointing out that companies did not offer any other choice users to process their personal data. to use certain services, the general regulation requires, however, that consent be given freely.
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