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dTEST submitted a complaint against Google

17. 1. 2019 – The Office for Personal Data Protection received a complaint against Google from a data subject represented by the non-profit organization dTest, o.p.s. in mid-December 2018. It concerns namely the processing of personal data in relation to the whereabouts of its users.
 

 
 
Reportedly, Google gathers location data of its users through a couple of tools, namely the “Location History” and the “Web & App Activity” settings. The complaint emphasizes that Google does not act transparently in relation to the processing of personal data which gives rise to doubts as to the lawfulness of the processing and to the compliance with other obligations a controller has pursuant the general data protection regulation. 

The complaint is founded on a research report published by the Consumer Council of Norway (Forbrukerrådet). With reference to this research, consumer organizations from several EU member states and from Norway lodged - on behalf of an individual data subject - their respective complaints with a similar content.

Mindful of the rules set out in the general data protection regulation for the procedure in investigating into transborder cases and of the fact that the Google´s main establishment in the European Union shall be founded in Ireland as of 22 January 2019, the Czech office – in accord with other supervisory authorities – informed the Irish Data Protection Commissioner about the complaint. The Irish office should become the lead supervisory authority for these data processing operations by Google.

Supervisory offices of all member states will probably be in the position of a concerned supervisory authority, given the kind and scope of the processing operations. Decision in this matter is primarily on the lead authority´s side. Yet, a mutual agreement across all supervisory authorities concerned shall be necessary as well. The Czech office is prepared to play an active role as the concerned supervisory authority within the scope of the procedures laid down by the general data protection regulation.
 
Responsible: Mgr. Vojtěch Marcín
Created / changed: 17.1.2019 / 17.1.2019

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