Google denies ACCC accusations in privacy policy defence
Internet giant Google is denying accusations that it was misleading when it did not tell millions of Australian users about changes to its privacy rules.
NSW
Don't miss out on the headlines from NSW. Followed categories will be added to My News.
Google has admitted not telling millions of Australians about privacy policy changes when it sought their permission to use personal information to allegedly target ads with greater precision.
However, the internet giant argues in a landmark Federal Court case that it “was not required to” tell account holders because the privacy update “was not inconsistent” with the data use consent it was seeking through a “new features” notification.
Google’s explanation is contained in its recently filed defence to legal action the Australian Competition & Consumer Commission has brought alleging misleading or deceptive conduct.
MORE NEWS
Calculate how new tax changes will affect you
Sydney law firm probe after mum and dad nest eggs lost
Are you entitled to some of NSW’s missing millions?
In the defence, which The Daily Telegraph obtained from the court, Google said it denied the ACCC’s accusations and that it “designed and deployed a prominent and easy-to-understand opt-in consent mechanism” for the new features notification.
The case is set against the backdrop of a broader stoush that includes the ACCC’s world-first bid to get major digital platforms, including Google, to pay for news content used to help draw in their massive audiences.
The Federal Court action is one of two the ACCC has launched against Google in the past year. Among the key accusations is that Google deprived millions of Australians of the opportunity to make an informed choice about the collection and use of personal information. It alleges this information allowed Google to increase the value of its advertising products.
In an amended statement, the ACCC said the June 2016 privacy update allowed Google to combine data from third-party sites with their activities on Google services.
It accused Google of failing to tell 13.5 million users about the privacy update in a “new features” notification that was active for the next two-and-a-half years.
Eighty per cent of account holders agreed to the “new features” being turned on.
Google said it “admits the notification did not refer to the June 2016 privacy update” because it “was not required to”.
“The June 2016 privacy update was not inconsistent with the notification,” it told the court.
“The allegations … are neither a complete nor an accurate account of the manner in which Google conveyed the proposed changes to account holders and sought their consent,” Google said.
“The effect of the changes to the privacy policy ensured that the privacy policy remained accurate and up-to-date. The changes did not reduce account holders’ rights under the privacy policy.”
Originally published as Google denies ACCC accusations in privacy policy defence