Court Upholds DPC Investigation into Complaints Against Google’s Data Practices
The High Court of Ireland has decided not to stop an investigation by the Data Protection Commission (DPC) regarding complaints about Google’s handling of users’ personal data during the account sign-up process. Google had requested the court to annul a commencement notice issued by the DPC in October 2023. The inquiry was initiated following six complaints made on behalf of users by consumer agencies from Spain, France, Slovenia, Norway, Greece, and the Czech Republic.
In a ruling delivered by Mr. Justice Anthony Barr, the court agreed to cancel the commencement notice concerning the Czech complaint, as the individual in question had not created a Google account and thus had no data processed by the company. Justice Barr emphasized that the primary requirement for lodging a complaint is that the individual’s personal data must have been processed by the entity in question. However, he confirmed that the DPC had the authority to proceed with the investigation related to the other five complaints.
The DPC’s inquiry, which was temporarily halted due to the ongoing court case, is focused on whether Google has met its transparency obligations when processing users’ personal data during the account registration process. Investigators will assess if the consent process for data handling complies with the EU’s General Data Protection Regulation (GDPR). Complainants argue that the consent mechanism was unfairly designed, requiring just one click for consent while managing account settings necessitated five steps and ten clicks.
Google contended that the DPC had not adequately verified that the six complaints fulfilled the necessary criteria for admissibility, claiming that the inquiry was unlawful. The DPC, however, maintained that it possesses extensive authority to investigate complaints without specific preconditions. Justice Barr acknowledged that while the DPC’s powers are broad, certain fundamental criteria must be satisfied for a complaint to be deemed admissible, highlighting the importance of personal data privacy under Irish and European law.
Source: Court refuses to halt Data Commissioner’s probe into Google’s sign-up process | BreakingNews.ie
