Court rejects data claim
The Australian Federal Court has dismissed a lawsuit against Google that claimed it misled users about personal data changes.
In June 2016, Google introduced changes which, if a consumer clicked ‘I agree’ in response to the notification, allowed Google to combine personal information in consumers’ Google accounts with information about their activity on non-Google sites that used Google technology (formerly called DoubleClick technology) to display ads.
The competition regulator had alleged that Google misled Australian consumers when it published an on-screen notification to Australian users, and changed its privacy policy to expand the scope of its use and collection of personal data.
The ACCC claimed that the notification was misleading because it did not adequately inform consumers about these changes.
The changes meant that internet tracking data that had previously been kept separate from users’ Google accounts and was not linked to an individual user, was now linked to users’ names and other identifying information.
The newly combined information was used to improve Google’s advertising business.
The ACCC also argued that changes to the privacy policy reduced the rights of account holders’ without obtaining their explicit consent.
But the Court has now found that the notification and the changes to the privacy policy were not misleading, because Google sought the consent of account holders to implement the changes and only implemented the steps with their informed consent.
The Court also noted that Google did not reduce account holders’ rights under the privacy policy.