
Google fined more than â¬400m by Irish regulator over its use of location data
Watchdog says users may have been unaware their information was used to target adverts or infer their interests
Google has been fined more than â¬400m (ã345m) over the way it processed usersâ location data, following claims that the tech giant had manipulated users into agreeing to be constantly tracked on their mobile phones.
The fine, imposed by IrelandâÂÂs Data Protection Commission (DPC), comes after complaints from multiple European consumer organisations that Google was following every step users took.
Location-related adverts are familiar to holidaymakers, but seven European consumer organisations had complained that undue use of location data can also lead to a breach of privacy.
The DPC inquiry was prompted by research by the Norwegian consumer agency in 2018 which suggested location data could reveal details such as religious beliefs (by tracking places of worship), political leanings (for example knowing a user has gone to demonstrations), health conditions (if a user has gone to hospital) and sexual orientation (if they have gone to certain bars).
The DPC launched its inquiry six years ago and set out to find out whether Google had a valid legal basis for its use of location data.
It found that Google users could have been unaware that their location was being used to influence them with adverts or to gather details about their health and interests.
âÂÂLocation data is a type of personal data which is processed by way of location tracking, and includes data collected or processed by Google, which by itself or in conjunction with other information an individualâÂÂs location can be inferred,â said Graham Doyle, a deputy commissioner at the DPC.
âÂÂLocation data can bring both benefits and harms to individuals.
âÂÂIt can greatly enhance the utility of online services, but it can also reveal a significant amount of information about an individual, including information that is inherently private,â Doyle added.
Responding to the DPCâÂÂs ruling, a Google spokeperson said: âÂÂThis case centres around historical policies that have since been updated. From 2019 onwards, weâÂÂve significantly evolved our practices and launched robust tools that make managing location data simple.âÂÂ
The European Consumer Organisation (BEUC) based its complaint on research by the ForbrukerrÃÂ¥det, the Norwegian consumer agency, which claimed Google used âÂÂvarious tricksâ to ensure location history and web and app activity were enabled.
âÂÂToday marks an important milestone in the effort to protect our rights online. People must be able to understand what they are agreeing to without being deceived or manipulated into making choices they otherwise would never have made,â says Finn Myrstad, director of digital policy at the Norwegian Consumer Council.
BEUC said that geolocation data was âÂÂone of the most invasive forms of consumer surveillanceâÂÂ.
AgustÃÂn Reyna, director general of BEUC, welcomed the ruling but said âÂÂthe time needed to come to this conclusion is disproportionate with the seriousness of the infringementâ arguing âÂÂlate enforcement can be as harmful as no enforcement at allâÂÂ.
The DPC inquiry looked at âÂÂweb and app activityâÂÂ, âÂÂlocation historyâ and âÂÂlocation accuracyâ between 25 May 2018 and 4 February 2020.
Imposing a fine of â¬403m, the DPC ordered Google to bring its processing into compliance with the EUâÂÂs general data protection regulation (GDPR) within six months.
It is the fourth-largest fine imposed by the Irish regulator, which has EU-wide responsibility for all the US tech giants with EU headquarters in Ireland.
It has previously fined Meta â¬1.2bn, TikTok â¬530m and Instagram (also Meta owned) â¬405m.
Doyle said: âÂÂThe GDPR provides a high level of protection of personal data throughout the EEA, and requires that the processing of personal data must be carried out in a lawful, fair and transparent manner.
âÂÂAs a result of GoogleâÂÂs failures in this regard, individuals could have been unaware that their location was being used to, for example, influence them with ads or to infer their interests, and could lose control over their personal data.
âÂÂThe retention of usersâ location data for longer than necessary aggravated this loss of control,â added Doyle.
There are three other ongoing statutory large-scale inquiries open that concern Google, all of which are at an advanced stage.
