Google in Dutch: Privacy changes BREAK data law, says Netherlands

Mountain View invited to hearing over privacy penetration and consent fail


Google broke data protection law in the Netherlands when the ad giant tweaked its privacy policy in March 2012, says the country's privacy watchdog.

The Dutch Data Protection Authority said on Thursday that Google had breached the country's rules because it had failed to adequately inform all its users in advance about the changes it was making to its service.

"Google spins an invisible web of our personal data, without our consent. And that is forbidden by law", said Dutch DPA chairman Jacob Kohnstamm.

The regulator said it had invited the company to a hearing. It will only decide on any enforcement action after discussions have taken place with Google.

It added:

​With its services, Google reaches almost every person in the Netherlands with internet access. It is almost impossible not to use Google services on the internet. Many internet users use the search engine Search, the video service YouTube or the webmail Gmail.

In the Report, three types of users of Google services are distinguished: people with a Google account, people without a Google account that use the open services of Google such as Search and YouTube, and people that do not use Google. Google also collects data about this last group of users, when they for example visit one of the more than 2 million websites worldwide with Google advertising cookies.

The DPA said that, during its seven-month probe, the watchdog determined that Google burrowed deeply into the personal data of Dutch netizens by knitting together services across the web for the purposes of targeted advertising.

"Some of these data are of a sensitive nature, such as payment information, location data and information on surfing behaviour across multiple websites. Data about search queries, location data and videos watched can be combined, while the different services serve entirely different purposes from the point of view of users," it said.

The watchdog concluded that Google had not sought the consent of users before cutting and shutting its privacy policies together in order to combine personal data across its massive online empire.

"The consent, required by law, for the combining of personal data from different Google services cannot be obtained by accepting general (privacy) terms of service," the Dutch DPA concluded.

In March 2012, French privacy watchdog, the Commission Nationale de l’Informatique et des Libertés (CNIL) - on behalf of the European Union's Article 29 Working Party - headed up an investigation of Google's controversial revision of its terms and conditions.

By June this year Google was ordered to comply with authorities in France within three months or face sanctions, after the CNIL ruled that the US-headquartered multibillion-dollar advertising corporation had breached the country's Data Protection Act.

It refused to comply, claiming that the law was not applicable to its online services.

Data cops in the UK, Spain, Germany and Italy have also launched enforcement actions against Google over its data land grab.

In September, Britain's Information Commissioner's Office confirmed to The Register that it had received a response from Google and added that it was "deciding whether any further action is required".

We asked the watchdog today if its investigation had progressed since then, but it said it had "no updates".

Google, meanwhile, also has yet to issue a statement about the Netherlands decision.

The company has previously said to El Reg of the CNIL-led probe that its "privacy policy respects European law". ®


Other stories you might like

  • I was fired for blowing the whistle on cult's status in Google unit, says contractor
    The internet giant, a doomsday religious sect, and a lawsuit in Silicon Valley

    A former Google video producer has sued the internet giant alleging he was unfairly fired for blowing the whistle on a religious sect that had all but taken over his business unit. 

    The lawsuit demands a jury trial and financial restitution for "religious discrimination, wrongful termination, retaliation and related causes of action." It alleges Peter Lubbers, director of the Google Developer Studio (GDS) film group in which 34-year-old plaintiff Kevin Lloyd worked, is not only a member of The Fellowship of Friends, the exec was influential in growing the studio into a team that, in essence, funneled money back to the fellowship.

    In his complaint [PDF], filed in a California Superior Court in Silicon Valley, Lloyd lays down a case that he was fired for expressing concerns over the fellowship's influence at Google, specifically in the GDS. When these concerns were reported to a manager, Lloyd was told to drop the issue or risk losing his job, it is claimed. 

    Continue reading
  • UK competition watchdog seeks to make mobile browsers, cloud gaming and payments more competitive
    Investigation could help end WebKit monoculture on iOS devices

    The United Kingdom's Competition and Markets Authority (CMA) on Friday said it intends to launch an investigation of Apple's and Google's market power with respect to mobile browsers and cloud gaming, and to take enforcement action against Google for its app store payment practices.

    "When it comes to how people use mobile phones, Apple and Google hold all the cards," said Andrea Coscelli, Chief Executive of the CMA, in a statement. "As good as many of their services and products are, their strong grip on mobile ecosystems allows them to shut out competitors, holding back the British tech sector and limiting choice."

    The decision to open a formal investigation follows the CMA's year-long study of the mobile ecosystem. The competition watchdog's findings have been published in a report that concludes Apple and Google have a duopoly that limits competition.

    Continue reading
  • End of the road for biz living off free G Suite legacy edition
    Firms accustomed to freebies miffed that web giant's largess doesn't last

    After offering free G Suite apps for more than a decade, Google next week plans to discontinue its legacy service – which hasn't been offered to new customers since 2012 – and force business users to transition to a paid subscription for the service's successor, Google Workspace.

    "For businesses, the G Suite legacy free edition will no longer be available after June 27, 2022," Google explains in its support document. "Your account will be automatically transitioned to a paid Google Workspace subscription where we continue to deliver new capabilities to help businesses transform the way they work."

    Small business owners who have relied on the G Suite legacy free edition aren't thrilled that they will have to pay for Workspace or migrate to a rival like Microsoft, which happens to be actively encouraging defectors. As noted by The New York Times on Monday, the approaching deadline has elicited complaints from small firms that bet on Google's cloud productivity apps in the 2006-2012 period and have enjoyed the lack of billing since then.

    Continue reading

Biting the hand that feeds IT © 1998–2022