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May 14, 2020 11:20 pm

Austrian Citizen Files GDPR Legal Complaint Over Android Advertising ID

An anonymous reader quotes a report from The Register: Privacy pressure group Noyb has filed a legal complaint against Google on behalf of an Austrian citizen, claiming the Android Advertising ID on every Android device is "personal data" as defined by the EU's GDPR and that this data is illegally processed. Based in Vienna, Austria, Noyb is a nonprofit founded by Max Schrems, a lawyer and privacy advocate, to focus on "commercial privacy and data protection violations." It says that "the core task of the office is to work on our enforcement projects and to engage in the necessary research for strategic litigation." The complaint against Google, which was filed with the Austrian Data Protection Authority, is based on the claim that Google's Android operating system generates the advertising ID without user choice as required by GDPR. "In essence, you buy a new Android phone, but by adding a tracking ID they ship you a tracking device," said Noyb lawyer Stefano Rossetti. [...] The complaint can be viewed here [PDF] and raises key questions about privacy, choice, and tracking. It states that the complainant (the name is redacted) completed a Google contact form to withdraw consent to use of the advertising ID (if consent had been given, which is disputed), and to object to its processing. Article 7 of the GDPR states that "the data subject shall have the right to withdraw his or her consent at any time." Article 21 is a "right to object at any time to processing of personal data concerning him or her" for marketing and profiling, following which the law states that "the personal data shall no longer be processed for such purposes." The complaint says that there is no opt-in "consent button" for the advertising ID. Although users have to agree to the general Google privacy policy, according to the complaint this consent "was neither informed, specific (the data subject has to agree to all Google services in a single step), nor free (the user cannot use a 800-euro phone without agreeing)." [...] The complaint requests that Google is ordered to "permanently delete the advertising ID", provide access to the data collected, and be fined based on various GDPR breaches.

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