Google faces court action for allegedly misleading consumers

The ACCC has alleged Google engaged in misleading conduct about personal location data.

Google faces court action for allegedly misleading consumers

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Google alleging that it engaged in misleading conduct and made false or misleading representations to consumers about the personal location data Google collects, keeps and uses.

The ACCC claims that from at least January 2017, Google breached the Australian Consumer Law when it made on-screen representations on Android mobile phones and tablets that the ACCC alleges misled consumers about the location data Google collected or used when certain Google Account settings were enabled or disabled. 

The representations were made to consumers setting up a Google Account on their Android mobile phones and tablets, and to consumers who later accessed their Google Account settings through their Android mobile phones and tablets.

“We are taking court action against Google because we allege that as a result of these on-screen representations, Google has collected, kept and used highly sensitive and valuable personal information about consumers’ location without them making an informed choice,” ACCC chair Rod Sims said.

Collection of data representation
The ACCC’s case regarding the collection of location data focuses on two Google Account settings: one labelled ‘Location History’; and another labelled ‘Web & App Activity’.

The ACCC alleges that from January 2017 until late 2018, it was misleading for Google to not properly disclose to consumers that both settings had to be switched off if consumers didn’t want Google to collect, keep and use their location data.

Instead, the ACCC alleges that when consumers set up a Google Account on their Android phone or tablet, consumers would have incorrectly believed, based on Google’s conduct, that ‘Location History’ was the only Google Account setting that affected whether Google collected, kept or used data about their location.

Similarly, if consumers later accessed their Google Account settings on their Android device, Google did not inform them that by leaving ‘Web & App Activity’ switched on, Google would continue to collect location data.

“Our case is that consumers would have understood as a result of this conduct that by switching off their ‘Location History’ setting, Google would stop collecting their location data, plain and simple,” Mr Sims said.

“We allege that Google misled consumers by staying silent about the fact that another setting also had to be switched off.

“Many consumers make a conscious decision to turn off settings to stop the collection of their location data, but we allege that Google’s conduct may have prevented consumers from making that choice.”

The ACCC also alleges that from around mid-2018 until late 2018, Google represented to consumers that the only way they could prevent Google from collecting, keeping and using their location data was to stop using certain Google services, including Google Search and Google Maps. However, this could be achieved by switching off both ‘Location History’ and ‘Web & App Activity’.

Use of data representation
The ACCC also alleges that Google’s on-screen statements explaining how location data would be used when customers accessed their ‘Location History’ and ‘Web & App Activity’ settings were misleading.

From March 2017, when a consumer accessed the ‘Web & App Activity’ setting, and from May 2018, when a consumer accessed the ‘Location History’ setting, Google displayed on-screen messages representing that location data would only be collected and used by Google for the consumer’s use of Google services.

Google did not disclose that the data may be used by Google for a number of other purposes unrelated to the consumer’s use of Google’s services.

“We consider that because of Google’s failure to disclose this use of data, consumers were and still are deprived of the opportunity to make an informed choice about whether to share their personal location data with Google,” Mr Sims said.

The ACCC alleges that Google also engaged in conduct liable to mislead the public about the nature, characteristics and suitability for purpose of the Android operating system, Google services and Google Pixel phones.

The ACCC is seeking penalties, declarations and orders requiring the publication of corrective notices and the establishment of a compliance program.

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    COMMENTS

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    Incognito
    19th Nov 2019
    2:17pm
    Information about how to switch it all off would be helpful.
    Mondo
    19th Nov 2019
    6:10pm
    Musicveg, I agree but you will probably find that many devices even of the same make have a slightly different paths. Here's a starting point for many Samsung devices. Go to 'Apps' and press. Look for the blue 'Settings' button and press. Look for "Privacy' on the menu and press. Click 'Location' off. Still in Settings now go to 'Lock Screen and security' and press. Go to the bottom of the menu to 'Other security settings' and press. Now go to the bottom of the menu and press 'Usage data access' and press. Click off all buttons. It's worth checking every so often to make sure they are all still 'off' because my tablet sometimes switches back on again on 'Location.'
    As you can see, all of this is well hidden, I wonder why?
    Let me know if you have any success or otherwise.
    Just to confuse Google, whenever I am far away from home I switch on 'Location' until just before I leave to return home. Google thinks my tablet is in Germany and my phone is in another State.
    Incognito
    19th Nov 2019
    6:27pm
    Thanks but don't have Samsung devices, I only have a Motorola phone, will get my son on to it. Don't know whey they want our location. It annoys me online websites ask too and I have to keep hitting block, why on earth do they want to know all the time?
    Mondo
    19th Nov 2019
    6:37pm
    I think you will find the path for Motorola is similar to the above but this is a starting point for a Motorola G6
    1.From the Home screen, tap the Arrow up icon ^ to display all apps
    2.Open Settings
    3.Scroll to Security & Location
    4.Tap Location
    5.Toggle to the right to enable location, toggle to the left to disable location
    6.If presented, review the disclaimer(s) then tap AGREE
    Incognito
    19th Nov 2019
    8:17pm
    Thanks Mondo, location is off, hope others can get some help from your advice too.
    fancypants
    18th Jun 2020
    5:08pm
    What is the progress of this issue? Google is influential, being the most popular search engine, datas all around the globe are being entrusted to them. I hope this company will not do anything below the belt.

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