The
Australian Competition and Consumer Commission (ACCC) said it is
seeking declarations and penalties from Google, though it did
not specify an amount.
"This is an important victory for consumers, especially anyone
concerned about their privacy online, as the Court’s decision
sends a strong message to Google and others that big businesses
must not mislead their customers,” ACCC Chair Rod Sims said in a
statement.
The case revolves around specific Google settings related to its
location data collection, location history and 'web & app
activity'.
The court found that Google wrongly claimed it could only
collect information from the location history setting on user
devices between January 2017 and December 2018. (https://bit.ly/3ge5RjX)
A setting to control web and application activity, when turned
on, also enabled Google to collect, store and use the data and
was turned on by default on the devices.
Users were not informed that turning off location history but
leaving the "Web & App Activity" setting on would allow Google
to continue to collect data, the court found.
The court will need to decide what it considers a breach and how
many occurred but the Australian Broadcasting Corp (ABC) quoted
the ACCC chairman Rod Simms as saying that the regulator would
seek a penalty in the "many millions".
A Google spokesman said the company was reviewing its options.
"The court rejected many of the ACCC’s broad claims. We disagree
with the remaining findings and are currently reviewing our
options, including a possible appeal," the spokesman said.
The tech giant has been embroiled in legal action in Australia
in recent months as the government mulled and later passed a law
to make Google and Facebook pay media companies for content on
their platforms.
(Reporting by Shashwat Awasthi and Aditya Munjuluru in Bengaluru
and Swati Pandey in Sydney; Editing by Shounak Dasgupta and Ana
Nicolaci da Costa)
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