NOYB and LQDN v. Google LLC

CNIL-SAN-2019-001 (2019)

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NOYB and LQDN v. Google LLC

Commission Nationale de l’Informatique et des Libertés, Restricted Committee
CNIL-SAN-2019-001 (2019)

Facts

American company Google LLC (defendant) provided multiple services to commercial and private users worldwide. Those services included a search engine, email messaging, YouTube video streaming, and the Android operating system for mobile phones. When users created an account, they were presented with Google’s Privacy Policy and Terms of Service. Separate, more extensive Terms of Service and Privacy Policy documents were accessible via clickable links. The various documents, each of which contained large quantities of information, included links that could be clicked to learn additional information on particular topics. The documents stated that at least 20 of Google’s services were likely to be involved in data processing concerning things like browsing history, application usage, and geolocation tracking. The purpose of the data processing was described in terms of allowing Google to offer personalized services, ensure product and device safety, and provide and develop services. In 2016, Google had approximately 27 million French users. Two associations, None of Your Business and La Quadrature du Net (plaintiffs), filed complaints against Google with the Commission Nationale de l’Informatique et des Libertés, which was the French data-protection authority. The complaints, which contained the claims of 9,974 users, alleged violations of the European Union’s General Data Protection Regulation (GDPR).

Rule of Law

Issue

Holding and Reasoning (Carrez, Chairman)

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