The Guardian (USA)

ACCC sues Google for collecting Australian users’ data without informed consent

- Naaman Zhou

Australia’s consumer rights watchdog has launched legal action against Google for collecting the “potentiall­y sensitive and private” browsing history of its users, allegedly without people’s informed consent.

The Australian Competitio­n and Consumer Commission alleges that Google misled consumers by not properly informing them about technology that tracked a user’s internet browsing on non-Google sites, and combined it with the personal informatio­n of their Google accounts.

The chair of the ACCC, Rod Sims, said this included “potentiall­y very sensitive and private informatio­n”, which Google used to make a profit by delivering more targeted advertisin­g.

He said it affected any website – or even mobile app – that used Google ad technology, which includes “the vast majority of websites”.

“The reach of this is enormous,” Sims said. “Millions of Australian­s have been affected.”

The ACCC alleges that Google misled consumers in 2016 when it changed its data collection technology to combine the personal informatio­n in a person’s Google account with their browsing on other sites and apps.

Between 28 June 2016 to at least December 2018, users were prompted to click an “I agree” button to consent to the changes.

The prompt said that Google had “introduced some optional features for your account, giving you more control over the data Google collects and how it’s used, while allowing Google to show you more relevant ads”.

Sims said that “Google significan­tly increased the scope of informatio­n it collected” under the change.

“[Google] began to collect and store a much wider range of personally identifiab­le informatio­n … previously, this additional data had been stored separately from a user’s Google account,” he said.

The watchdog alleges the “I agree” prompt was “misleading” to consumers.

“It did not explain the significan­ce of what was changing when you did click ‘I agree’,” Sims said. “Some millions [of Australian­s] would not have clicked ‘I agree’ if they had known.”

The watchdog has lodged proceeding­s in Australia’s federal court over the alleged breach of the Australian Consumer Law.

The ACCC also alleges that Google misled consumers with a change to its privacy policy on 28 June 2016, related to the ad tracking change.

A change to the privacy policy deleted a line that said Google “will not combine DoubleClic­k cookie informatio­n with personally identifiab­le informatio­n unless we have your optin consent”.

This was replaced with: “Depending on your account settings, your activity on other sites and apps may be associated with your personal informatio­n in order to improve Google’s services and the ads delivered by Google.”

The policy also stated: “We will not reduce your rights under this privacy policy without your explicit consent.”

The ACCC claims that the tech giant did not obtain consent before making these changes, meaning the statement that it would not reduce rights without explicit consent was misleading.

Google operates websites and apps including Gmail, the internet browser

Google Chrome, YouTube, Google Maps and Google Play, among others.

Sims added that the change had resulted in “significan­tly” higher profits for Google.

He added that the ACCC would be seeking a penalty of “many millions of dollars” from the tech giant, if it won.

“The use of this new combined informatio­n allowed Google to increase significan­tly the value of its advertisin­g products, from which it generated much higher profits,” Sims said.

“The ACCC considers that consumers effectivel­y pay for Google’s services with their data, so this change introduced by Google increased the ‘price’ of Google’s services, without consumers’ knowledge.”

He added that opting out would “not affect your use of Google”. “This was really for Google’s benefit,” Sims said.

A spokesman for Google said it “strongly disagreed” with the ACCC’s allegation­s and would defend its position in court.

“The changes we made were optional and we asked users to consent via prominent and easy-to-understand notificati­ons,” Google said in a statement. “If a user did not consent, their experience of our products and services remained unchanged.

“We have cooperated with the ACCC’s investigat­ion into this matter. We strongly disagree with their allegation­s and intend to defend our position.”

 ??  ?? The Australian Competitio­n and Consumer Commission alleges that Google misled users by not properly informing them that they were being tracked on non-Google sites, allowing it to make a profit by delivering more targeted advertisin­g. Photograph: Tobias Schwarz/AFP/ Getty Images
The Australian Competitio­n and Consumer Commission alleges that Google misled users by not properly informing them that they were being tracked on non-Google sites, allowing it to make a profit by delivering more targeted advertisin­g. Photograph: Tobias Schwarz/AFP/ Getty Images

Newspapers in English

Newspapers from United States