Irish Data Protection Commission's decision to issue a €403 million fine to Google

The Irish Data Protection Commission’s decision to issue a €403 million fine to Google highlights the importance of accountability in privacy and data protection.

The DPC cited four specific infringements of the GDPR by Google, including an infringement relating to its accountability obligations under Article 5(2), by “failing to demonstrate compliance with the lawfulness, fairness and transparency principle regarding its processing of personal data in Location Accuracy” [DPC Decision].

As described in Google documentation, the Location Accuracy feature uses available wireless signals, including GPS, WiFi and Mobile networks; and available sensors, including accelerometer, barometer and gyroscope to determine location.

Aside from whether the processing of such data to determine location was lawful, fair and transparent, Google were unable to provide sufficient evidence to the DPC to demonstrate compliance with the ‘Lawfulness, Fairness and Transparency’ principle within the GDPR.

If the systems of accountability have been show to be insufficient within Google, it would be reasonable to expect these systems may be insufficient in many other organisations.

Organisations that develop software need to carefully consider how to embed these systems of accountability into their Software Development Lifecycle (SDLC), and how to ensure that evidence remains valid and appropriate as processing of personal data by their software changes over time.

Read the Irish Data Commission’s article on the decision at: https://www.dataprotection.ie/en/news-media/latest-news/data-protection-commission-fines-google-eu403-million-following-inquiry-googles-processing-location

Read the European Data Protection Board article on the decision at: https://www.edpb.europa.eu/news/the-irish-data-protection-commission-fines-google-403-000-000-eur-following-inquiry_en

Read Google documentation of the ‘Location Accuracy’ feature at: https://support.google.com/android/answer/15157297?hl=en-GB