Many customer advocates have often wondered if Google mislead customers about their area history gadget internet browser settings? A Federal Court found Google’s previous place history settings would have led many reasonable consumers to think they might prevent their location information being saved to their Google account. In fact, selecting the Don’t save my Location History, alone could not accomplish this outcome.
Users required to change an additional, different setting to stop place information from being conserved to their Google account. They needed to browse to “Web & App Activity” and pick the Don’t save my Web & App Activity in my Google Account, even if they had actually currently picked the Don’t save alternative under the Location History.
Consumer supporters reacted to the Federal Court’s findings, stating that this is an important victory for consumers, particularly anyone concerned about their privacy online, as the Court’s choice sends a strong message to Google and others that big businesses must not misinform their consumers.
Google has given that altered the method these settings are presented to consumers, however is still accountable for the conduct the court discovered was likely to misinform some sensible customers for 2 years in 2017 and 2018.
This is the 2nd current case in which the consumer advocate has actually prospered in developing misleading conduct in a business’s representations about its use of consumer information. In 2020, the medical appointment reserving app HealthEngine admitted it had divulged more than 127,000 patients’ non-clinical individual info to insurance coverage brokers without the notified approval of those patients.
The consumer advocate has two comparable cases in the wings, including another case regarding Google’s privacy-related alerts and a case about Facebook’s representations about a supposedly privacy-enhancing app called Onavo.
In bringing procedures versus business for deceptive conduct in their privacy policies, the customer advocate is following the US Federal Trade Commission which has taken legal action against lots of US business for misleading privacy policies. The customer advocate has more cases in the future about data privacy.
Can this resolve the issue of unreasonable and confusing privacy policies? The ACCC’s success against Google and HealthEngine in these cases sends a crucial message to companies: they should not deceive consumers when they release privacy policies and privacy settings. If they do, and they might receive significant fines.
This will not be sufficient to stop business from setting privacy-degrading terms for their users, if they spell such conditions out in the fine print. Such terms are currently prevalent, even though consumers are significantly worried about their privacy and want more privacy alternatives.
Think about the US experience. The US Federal Trade Commission brought action against the developers of a flashlight app for publishing a privacy policy which didn’t reveal the app was tracking and sharing users’ location information with 3rd parties.
However, in the arrangement settling this claim, the solution was for the developers to reword the privacy policy to divulge that users’ place and gadget ID information are shared with 3rd parties. The concern of whether this practice was genuine or proportionate was not considered.
Major changes to American privacy laws will also be needed before business will be avoided from pervasively tracking consumers who do not want to be tracked. The present review of the federal Privacy Act could be the beginning of a process to get fairer privacy practices for customers, however any reforms from this evaluation will be a long time coming.
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