Privacy Protection Foundation takes legal action against Google

In a landmark legal case, the Privacy Protection Foundation, backed by the Consumers’ Association, has brought significant proceedings against Google and its parent company, Alphabet. The tech giant stands accused of engaging in extensive privacy violations by allegedly tracking users’ data on their devices, even when not in active use. This case, which shines a spotlight on the broader debate regarding data privacy and consent, is set to be heard in an Amsterdam court on Tuesday.

The foundation, a non-profit group which operates on a no win, no fee basis with law firms and is supported by external financiers, has initiated a mass claim involving approximately 150,000 Dutch citizens. These individuals contend that Google’s pervasive data collection practices infringe on their privacy rights. The foundation is demanding that Google cease its expansive data collection activities and is seeking a compensatory figure of at least 750 euros for each claimant.

Ada van der Veer, Chairwoman of the Privacy Protection Foundation, has been vocal about the perceived injustices, stating, “Google is an incredibly important player; almost everyone uses their services. The company is simply abusing that power.” She underscored the extent of data gathering, highlighting that detailed user profiles are created and sold to advertisers, who can target consumers with precision. “Our personal profiles are auctioned off approximately 380 times a day,” she explained, noting the regularity with which location data can be recorded — reportedly up to fourteen times per hour.

Kees Verhoeven, a former politician with the Dutch party D66 and founder of the consulting firm Bureau Digitale Zaken, has expressed concern about Google’s business practices, emphasising the lack of viable alternatives for consumers. He characterised Google’s model as “perverse, unhealthy, and unethical,” suggesting that the economic gain derived from consumer data without clear consent is troubling.

The legal argument surrounding consent forms a core component of this case. Verhoeven remarked on the difficulty in proving collective harm as stipulated by the General Data Protection Regulation (GDPR), which mandates clear consumer consent for data processing. He criticised Google’s method of obtaining consent, suggesting they cunningly leverage initial agreements across multiple services, thus complicating the legal landscape.

The case also touches on the financial capability of Google to resist legal consequences. According to Jurjen Lemstra of the law firm Lemstra van der Korst, which is representing the foundation, Google’s financial resources allow them to hire top-tier legal representation and to absorb any fines as mere business expenses. Last year alone, the company recorded a profit of $76 billion, underscoring its ability to withstand substantial financial penalties.

The upcoming court hearing will determine if the claims will proceed to a substantive trial, marking a critical juncture in this significant challenge against one of the world’s largest tech entities. The outcome could have far-reaching implications in the ongoing conversation about digital privacy, data consent, and corporate accountability.

Source: Noah Wire Services