World

Australian court hits Google over collection of user location data

Company says studying options, hints at possible appeal

Updated 5 years ago · Published on 16 Apr 2021 10:00PM

Australian court hits Google over collection of user location data
A court ruling in Australia today found Google guilty of collecting location data from Android users, even after they believed they had opted out of the tech giant’s tracking services. – AFP pic, April 16, 2021

SYDNEY – An Australian court ruled today that Google misled consumers about collecting location data through Android mobile devices in what the country’s competition watchdog called a “world first” action against the digital giant.

The federal court found that Google violated Australian consumer law by collecting the “Location History” of some users even when they had opted out of sharing that information.

It also said Google failed to make clear to users that allowing tracking of “Web & App Activity” on their phones would also give permission to retain the location data. 

Numerous studies around the world have documented the problem of location data being gathered through Android and iPhone devices even after users believe they have chosen not to allow the tracking.

Such data can be highly valuable to advertisers trying to pitch location-related products and services.

But the Australian Competition and Consumer Commission (ACCC), which brought the court case against Google, said today’s ruling was “a world first enforcement action” on the issue. 

“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.

“Today’s decision is an important step to make sure digital platforms are upfront with consumers about what is happening with their data and what they can do to protect it,” he said.

In his ruling, judge Thomas Thawley “partially” accepted the ACCC case against Google, noting that the company’s “conduct would not have misled all reasonable users” of its service.

But he added that Google’s action “misled or was likely to mislead some reasonable users” and that “the number or proportion of reasonable users who were misled, or were likely to have been misled, does not matter” in establishing contraventions of the law.

The ACCC said it would seek “pecuniary penalties” and other remedial actions to be determined later.

Google protested the ruling, which it noted had rejected some of the ACCC’s “broad claims” against it and concerned only a narrowly defined class of users.

“We disagree with the remaining findings and are currently reviewing our options, including a possible appeal,” a spokesperson said.

“We provide robust controls for location data and are always looking to do more – for example we recently introduced auto delete options for Location History, making it even easier to control your data,” they said.

Last year, Google was targeted alongside Facebook by the ACCC for failing to compensate Australian news organisations for content posted to their platforms.

The dispute led to landmark legislation requiring digital firms to pay for news and resulted in Google and Facebook signing deals worth millions of dollars to Australian media companies. – AFP, April 16, 2021

Related News

Malaysia / 1mth

Penang-born woman dies in Perth after alleged domestic violence assault

Malaysia / 6mth

Malaysia, Australia back Pope Leo's call for peace, urge dialogue to end global conflicts

Malaysia / 8mth

Google investment expected to generate US$3.2 billion, 26,500 jobs

Education / 9mth

Legal board withdraws recognition of law degrees from 2 Australian, NZ universities

World / 1y

Australian authorities block 10 containers of illegal tyre waste export to Malaysia

World / 1y

Argentine cop wins USD16,500 after nude picture appears on Google Street View

Spotlight

Malaysia

PLUS highway congested since midnight ahead of Deepavali

Malaysia

AGC: Najib's house arrest should be suspended pending legal review

Malaysia

Anwar becomes a Tamil movie hero for Deepavali (video)

Malaysia

Anthony Loke’s resignation takes effect when Najib arrives home

By Alfian Z.M. Tahir

Malaysia

Tony Pua urges BNM, MACC to audit RM50 million fund used to pay Najib’s fine

Malaysia

Prepare a 72-hour food supply; avoid panic buying – FOMCA

Malaysia

Anwar hopes US election outcome will ease global tensions, hostility towards Islam and Iran

Malaysia

Najib leaves Kajang Prison after High Court issues house arrest order

You may be interested

World

Nearly 90 million displaced people exposed to climate risks, UNHCR warns

World

Leader of a deviant sect sentenced to 200 years in prison for killing 190 children

World

Iran warns countries aiding US military action will become 'legitimate targets'

World

Iran reports six vessels ablaze in separate Strait of Hormuz incidents

World

Trump says Washington 'doing very well' with Tehran as nuclear talks continue

World

US sanctions 45 entities linked to Cambodia cybercrime syndicate

World

Death toll from Russian strike on Ukraine aid distribution point rises to 53