MOSCOW (Pakistan Point News / Sputnik - 16th April, 2021) The Federal Court of Australia on Friday ruled that Google misled some of Australian mobile and tablet devices users regarding its location data collection practices.
The Australian Competition and Consumer Commission (ACCC) took Google to court in October 2019, alleging that the company breached several sections of the country's consumer law as some users of Android and Pixel devices were misled by what was shown on their devices' screens, specifically the Web & App Activity and Location History settings. According to the watchdog, the company continued collecting location history data even if the latter setting was disabled, provided that the former was still on, thus misleading some consumers.
"I would draw the inference that, within the class identified by the ACCC, there were users who, acting reasonably, were in fact misled by a representation (which I find Google made through what it stated and what it did not state) that having Web & App Activity turned "on" would not allow Google to obtain, retain and use personal data about the user's location," Justice Thomas Thawley said in his ruling, concluding that the ACCC "has established breaches or contraventions of ss [sections] 18, 29(1)(g) and 34 of the ACL to the extent indicated above."
According to the Australian broadcaster ABC, Google could be potentially fined up to $1.1 million per violation.
"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 official added that apart from penalties, the watchdog is seeking to make Google issue a notice, explaining its data location settings to customers.
