Google – Complaint Upheld (Austria, 2024)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
Google faced a complaint for not properly responding to a user's request for access to his personal data. The user wanted specific information but received links to privacy policies instead. This case shows that companies must provide clear and direct answers to users about their data.
What happened
A user complained that Google did not adequately respond to his request for access to his personal data.
Who was affected
The user who requested access to his personal data from Google.
What the authority found
The Austrian DPA upheld the user's complaint, indicating that Google did not fulfill its obligation to provide clear access to personal data.
Why this matters
This case underscores the need for companies to improve how they respond to data access requests. Businesses should ensure that users receive straightforward and relevant information about their data.
GDPR Articles Cited
View original scraped data
Original data from scraper before AI verification against source document.
On the 11 November 2021, the data subject filed an access request with Google LLC through a digital form provided by Google LLC, here controller 1. The data subject specifically requested not to be referred to privacy policies or settings. Google LLC responded to the access request by providing links to privacy policies and flagging that the data subject can download his data through his Google account. On the 15 December 2021, the data subject, represented by noyb filed a complaint with the Austrian DPA (Datenschutzbehörde – DSB) against Google LLC registered in the United States. The data subject alleged that Google LLC had infringed his right to access to information under Article 15 GDPR. The data subject brought forward that the information provided by Google LLC was only accessible through tedious collation of information included in different privacy statements and further this information was vague and not specifically related to the data subject and therefore inadequate. On the 15 March 2022, Google LLC submitted that it is only responsible for a select few data processing activities such as the removal of search results. As the access request was not related to this practice, Google LLC argued that Google Ireland Ltd. was the responsible controller. It claimed that controllership had been transferred from Google LLC to Google Ireland Ltd. on the 22 January 2019. Further in the proceedings, Google LLC brought forward that it now functions as a processor for Google Ireland Ltd. and that Google Ireland Ltd. is the sole responsible controller in the EEA and Switzerland. Controllership The DSB assessed that Google LLC qualifies as a controlling parent company based on for example the fact that Google LLC could not show that Google Ireland Ltd independently develops new products. The DSB drew on the CJEU case IAB Europe which demonstrated that joint controllership is established when both controllers influence the means and processing of data.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Google in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Google - Austria (2024). Retrieved from cookiefines.eu
Last updated: