The Data Protection Commission (DPC) has today announced its final decision following an Inquiry into Google Ireland Limited (“Google”). This own-volition Inquiry was launched by the DPC, in its role as the Lead Supervisory Authority for Google, in February 2020, following receipt of complaints from several European consumer rights organisations, including BEUC, regarding Google’s processing of location data in connection with certain services and products.

The scope of the Inquiry concerned Google’s processing of location data in three specific features – “Web & App Activity”, “Location History” and “Location Accuracy” between the date of application of the GDPR, 25 May 2018 to 4 February 2020. 

The decision, which was made by the Commissioners for Data Protection, Dr Des Hogan, Mr Dale Sunderland and Ms Niamh Sweeney, finds that Google infringed the GDPR in respect of:

• the lawfulness and fairness of its processing of location data in Web & App Activity and Location History, 
• its accountability obligations under the GDPR by failing to be able to demonstrate compliance with the lawfulness, fairness and transparency principle regarding its processing of personal data in Location Accuracy; 
• its transparency obligations in respect of all three features referred to above; and
• its retention of location data in Web & App Activity and Location History.

The DPC has imposed administrative fines totalling €403 million and has ordered Google to bring its processing into compliance within 6 months. 

Deputy Commissioner, Graham Doyle commented:

“Location data is a type of personal data which is processed by way of location tracking, and includes data collected or processed by Google, which by itself or in conjunction with other information an individual’s location can be inferred. Location data can bring both benefits and harms to individuals. It can greatly enhance the utility of online services, but it can also reveal a significant amount of information about an individual, including information that is inherently private.

The GDPR provides a high level of protection of personal data throughout the EEA, and requires that the processing of personal data must be carried out in a lawful, fair and transparent manner. As a result of Google’s failures in this regard, individuals could have been unaware that their location was being used to, for example, influence them with ads or to infer their interests, and could lose control over their personal data. The retention of users’ location data for longer than necessary aggravated this loss of control”. 

The DPC is grateful for the cooperation and assistance of its peer supervisory authorities in this case. 

The DPC will issue the full decision in due course. 

Background

Web & App Activity is a Google account setting that is only available to Google Account holders. When enabled, Google uses this setting to process information related to users’ activity on Google services, including sites and apps. The information processed can include personal data such as browsing history, search history, and location data.

Location History is a Google service that keeps track of users’ location while in possession of their compatible mobile devices. Users must opt-in to Location History, which then processes each user’s data to infer location information such as place visits, activities, and paths between place visits. Location History utilises a “Timeline” feature, which then displays a private map (via Google Maps) to allow the user to see where they have travelled. Location History saves the private map of where the user goes with their signed-in devices, even when the user is not using a Google service. 

Location Accuracy is a feature of Android OS that allows an Android device to determine its location with greater accuracy than simply relying on inputs from the GPS unit in the device. It is available to Android users regardless of whether they are Google Account holders.