Google admits it tracks users in two ways but denies ACCC claim of misleading conduct

Google has admitted there is a second way it tracks the location of users — but it has denied the consumer cops’ claim it misleads people into thinking there is only one.

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Google has admitted there is a second way it tracks the location of users — but it has denied the consumer cops’ claim it misleads people into thinking there is only one.

In its defence to Federal Court action brought by the Australian Competition and Consumer Commission, the internet search giant says the case against it depends “upon a limited, and therefore artificial and incorrect, account of the way in which users were provided with information relating to Google’s collection, storage and use of their personal data”.

The case is a world-first, with the ACCC’s accusations built on material gathered during its 18-month digital platform inquiry.

Google’s defence in the Federal Court case brought by the ACCC. Source: News Corp Australia

The ACCC alleges it was misleading for Google to not properly disclose to consumers that two settings — location history, and web and app activity — had to be off if consumers didn’t want Google to collect, keep and use their location data.

The ACCC claims when users set up a Google account on an Android phone or tablet they were led to believe location history was the only setting that had to be deactivated, when they also needed to turn off web and app activity, which was automatically on unless changed.

Google admitted in its defence, which has been filed with the court, that when location history was off but web and app activity was on, it “obtained and retained personal data about the user’s location” and that it “used that personal data for one or more of Google’s purposes”.

Google says it provided opportunities for users to make informed choices regarding the collection, storage and use of their personal data by providing relevant information in a “layered” fashion.

The case has been set down for a five-day hearing in Sydney starting November 30.