ACCC ‘world first’: Australia’s Federal Court found Google misled users about personal location data

Henry Perks / Unsplash

Katharine Kemp, UNSWThe Federal Court has found Google misled some users about personal location data collected through Android devices for two years, from January 2017 to December 2018.

The Australian Competition & Consumer Commission (ACCC) says this decision is a “world first” in relation to Google’s location privacy settings. The ACCC now intends to seek various orders against Google. These will include monetary penalties under the Australian Consumer Law (ACL), which could be up to A$10 million or 10% of Google’s local turnover.

Other companies too should be warned that representations in their privacy policies and privacy settings could lead to similar liability under the ACL.

But this won’t be a complete solution to the problem of many companies concealing what they do with data, including the way they share consumers’ personal information.

How did Google mislead consumers about their location history?

The Federal Court found Google’s previous location history settings would have led some reasonable consumers to believe they could prevent their location data being saved to their Google account. In fact, selecting “Don’t save my Location History in my Google Account” alone could not achieve this outcome.

Users needed to change an additional, separate setting to stop location data from being saved to their Google account. In particular, they needed to navigate to “Web & App Activity” and select “Don’t save my Web & App Activity to my Google Account”, even if they had already selected the “Don’t save” option under “Location History”.

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ACCC Chair Rod Sims responded to the Federal Court’s findings, saying:

This is an important victory for consumers, especially anyone concerned about their privacy online, as the Court’s decision sends a strong message to Google and others that big businesses must not mislead their customers.

Google has since changed the way these settings are presented to consumers, but is still liable for the conduct the court found was likely to mislead some reasonable consumers for two years in 2017 and 2018.

ACCC has misleading privacy policies in its sights

This is the second recent case in which the ACCC has succeeded in establishing misleading conduct in a company’s representations about its use of consumer data.

In 2020, the medical appointment booking app HealthEngine admitted it had disclosed more than 135,000 patients’ non-clinical personal information to insurance brokers without the informed consent of those patients. HealthEngine paid fines of A$2.9 million, including approximately A$1.4 million relating to this misleading conduct.

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The ACCC has two similar cases in the wings, including another case regarding Google’s privacy-related notifications and a case about Facebook’s representations about a supposedly privacy-enhancing app called Onavo.

In bringing proceedings against companies for misleading conduct in their privacy policies, the ACCC is following the US Federal Trade Commission which has sued many US companies for misleading privacy policies.

The ACCC has more cases in the wings about data privacy.
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Will this solve the problem of confusing and unfair privacy policies?

The ACCC’s success against Google and HealthEngine in these cases sends an important message to companies: they must not mislead consumers when they publish privacy policies and privacy settings. And they may receive significant fines if they do.

However, this will not be enough to stop companies from setting privacy-degrading terms for their users, if they spell such conditions out in the fine print. Such terms are currently commonplace, even though consumers are increasingly concerned about their privacy and want more privacy options.

Consider the US experience. The US Federal Trade Commission brought action against the creators of a flashlight app for publishing a privacy policy which didn’t reveal the app was tracking and sharing users’ location information with third parties.

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However, in the agreement settling this claim, the solution was for the creators to rewrite the privacy policy to disclose that users’ location and device ID data are shared with third parties. The question of whether this practice was legitimate or proportionate was not considered.

Major changes to Australian privacy laws will also be required before companies will be prevented from pervasively tracking consumers who do not wish to be tracked. The current review of the federal Privacy Act could be the beginning of a process to obtain fairer privacy practices for consumers, but any reforms from this review will be a long time coming.

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This is an edited version of an article that originally appeared on UNSW Newsroom.

Katharine Kemp, Senior Lecturer, Faculty of Law, UNSW, and Academic Lead, UNSW Grand Challenge on Trust, UNSW

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Christian Child Abducted, Forced into Bonded Labor in Pakistan

Muslim landowner offers to remove chains from 11-year-old boy if he converts to Islam.

WAZIRABAD, Pakistan, June 21 (CDN) — An 11-year-old Christian boy here is growing weak and ill from malnutrition from working in slave-like conditions for a Muslim landowner who kidnapped him and is forcing him to work off his family’s debts, his mother told Compass.

Katherine Bibi said landowner Ashraf Cheema of Dhonikay village, Wazirabad, has offered her son better conditions and possibly cancellation of the debt if he will convert to Islam.

“He is frequently invited to convert to Islam by Ashraf Cheema, and in return he is promised that he will be freed from the iron chains and his work will be eased and he will be served better meals,” she said. “Cheema has said, ‘The debt of your father and brother might also be forgiven if you convert.’”

Young Danish Masih works without break from 4 a.m. to 11 p.m., often in iron chains, on half a loaf of bread per day, according to Dawood Masih of the National Commission of Justice and Peace (NCJP).

“Due to the lack of sleep and immense physical and mental pressure, he is becoming weaker and ill,” Dawood Masih said. “And he is doing this bonded labor without any kind of leave, including sick leave, for the last one-and-a-half years, in place of his father Riaz Masih and elder brother Adnan Kashif.”

The boy’s father and older brother had been working for Cheema to pay off a debt of 142,000 rupees (US$1,640), but their employer was neither paying their monthly wages nor deducting the amounts from their debt, said Emmanuel Berkat Gill of the All Pakistan Minorities Alliance (APMA). Riaz Masih’s monthly wage was 3,000 rupees (US$35), and Adnan Kashif earned 2,500 rupees (US$29) per month.

Cheema also extorted land worth 35,000 rupees (US$404) from the boy’s older brother, again without deducting the amount from their debt, and ransacked the family’s house in Ali Naggar village, stealing Katherine Bibi’s dowry worth 200,000 rupees (US$2,308), she and Gill said.  

“Being a rich, powerful and influential Muslim landowner, Cheema did all of this and also had the cruelty to not deduct the amount from the debt,” Gill said.

Suffering under Cheema in this way, the family decided to flee to Islamabad, 165 miles (102 miles) away, Katherine Bibi said. About 18 months ago, however, the peaceful life they had begun anew was shattered when Cheema abducted their youngest son, also known as Mithu, and took him to his farmhouse at Dhonikay village near Ali Naggar in Wazirabad.

“After all these cruelties, Ashraf Cheema owes us some amount, rather than us owing him,” an inconsolable Katherine Bibi told Compass by telephone.   

She has gone to court to recover her son – both her husband and older son do not risk provoking Cheema by attaching their names to the case – and on June 10 District and Sessions Judge Chaudhary Muhammad Ilyas sent a bailiff to Cheema’s farm to secure the return of the 11-year-old.

“But the bailiff returned unsuccessfully without Mithu, as Ashraf Cheema, being an influential and rich landowner, was told beforehand about the raid by an anonymous insider, and he hid the child,” Katherine Bibi said.

She said that since the bailiff failed to recover her son, Cheema has hurled threats at her and her husband, saying, “After this raid by the bailiff, you will neither be able to get back your son, nor will you be granted a cancellation for your debt.”

After joint efforts by Gill of APMA and Dawood Masih of the NCJP, however, Cheema agreed that if Riaz Masih would work in place of his son, he would release the child, Gill said. When Gill, Dawood Masih and Riaz Masih went to Cheema’s farmhouse, however, the landowner went back on his word and refused to hand over the boy.

Contacted by Compass, Cheema said that no such boy works at his farm or fields, and that “someone must have misled you.”

Besides the court recognition of the abduction, however, Gill and other credible sources assert that Danish Masih works from dawn to dusk under a sizzling summer sun without any break or meal.

At press time local Christian leaders had petitioned the deputy superintendent police of Wazirabad to recover Danish Masih.

Report from Compass Direct News

RELIGION IS ALIVE AND WELL – CHRISTIANITY ON THE OTHER HAND…

Religion is alive and well in Australia. Christianity on the other hand is not doing anywhere near as well.

If Christianity is to be measured by the Bible and not by mass opinion in churches (or by some other measure such as professing Christians, etc), the Australian experience of Christianity is not too good at all. In fact, most of what goes by the name of ‘Christian’ is anything but Christian in the Biblical sense.

Automatically I would count out all the usual cults and heretical groups, such as the Mormons and Jehovah’s Witnesses. There is of course a possibility that some within the confines of such heretical groups are indeed saved, but it is difficult to believe that any such true believers would willingly stay inside groups of these types.

Roman Catholicism is often viewed as a legitimate part of historical Christianity, but this is far from the case. Indeed, Roman Catholicism is another grouping that belongs within the category of being a cult. Certainly that is my opinion and this is the historical opinion of Evangelical Christianity and Protestantism.

Sadly, it has been my growing experience that many who profess Christianity, see Roman Catholicism as just another stream of true Christianity. Certainly these people cannot agree with some of the teachings of Rome, but none-the-less they view Roman Catholicism as just another legitimate stream of Christianity that is a bit divergent from Protestantism. These people think that unity with Rome wouldn’t be such a bad thing, even if we can’t agree on anything.

It is disappointing to note that a number of people within the Reformed camp also agree with such sentiment regarding Roman Catholicism. I am stunned by how quickly these people forget the past and the truths that the Reformation sought to establish once again as being the true backbone of Christianity.

Leaving the Roman Catholics aside, let me briefly comment on Protestantism in Australia. There is a good section within this grouping (which would include Anglicans, Presbyterians, Baptists, Uniting, etc) that would be equally happy within the Roman Catholic communion and it would be better for Protestantism if they were. These people are merely nominal at best and quite openly hold to Papist ideals and teachings. Let Rome have them if they will not cast off their heretical ideas and take hold of Christ and His teachings.

The majority of Protestants these days are not of the breed of Protestants that brought Protestantism into being. They no longer hold to the Scriptures as being the standard of belief, faith and practice. These days Protestantism is ruled by the leading of sentimentalism, mediocrity and pragmatism, being concerned more for religion and obtaining numbers within the building, rather than Biblical Christianity and salvation of the lost through the proclamation of the Biblical Gospel. This then is the Christianity of today within Australia.

I know of people raised in Christian homes and churches that are openly embracing heresy, believing that they have been misled from their youth. Such expressions of Christianity are being broadcast over social networks, as ever increasing numbers fall victim to every wind of doctrine as a result of poor or even no teaching within churches, having become the victims of chatter from the pulpits that comes nowhere close to being the preaching that the Bible expects to be delivered (if indeed preaching and teaching are regarded as being necessary at all within the church concerned).

In the Reformed churches there are varying issues that are robbing the movement of its potential power to transform the country through the truth that it possesses. There are problems with Lording it over the church and being caught up on matters of lesser importance (if they are indeed important at all), of attempting to match it with the general malaise of religion (but in a more covert manner while trying to maintain the reformed name) and simply imbibing the mediocrity of religion surrounding the churches.

We are in a bad way in Australia and we need God given revival (as opposed to what goes by the name revival in cranked up programs and services throughout the country). We need God given preachers who will preach God given truth with God given power and God given life. We need to go back to Bible basics before religion is nothing more than a man-made shell (if we haven’t already reached that point) and true Christianity is extinct in this country.