Google has filed an administrative lawsuit against the Personal Information Protection Commission. The claim is that the commission's measures, taken on the grounds that Google collected personal information without user consent, are unjust. However, considering the scope of personal information Google collects daily from users, it is difficult to agree with Google's defense.
Google Tracks Users' Mouse Movements
The majority of the public is exposed to Google services every single day. From the Chrome web browser to the Android mobile operating system (OS) and YouTube, Google is present in most digital activities.
Accordingly, the personal information Google collects from users is diverse. According to the 'Privacy and Terms,' Google tracks every move of users with the purpose of providing better services. It monitors which applications users utilize, and also identifies carrier names, phone numbers, and IP addresses.
In particular, Google assumes user consent and collects more detailed personal information for 'personalized advertising.' When an advertisement appears while watching YouTube content, Google observes how users move their mouse over the ad and what actions they take. This data is later used for personalized advertising.
Ironically, Google began collecting personal information under the name of 'privacy protection.' Last year, Google announced the introduction of a Privacy Sandbox in the Android OS. Android has an 'Advertising ID' containing data such as users' activity history, which marketing companies have purchased from Google to deliver personalized ads to individual users.
However, Google stated that it will prevent sharing this Advertising ID with third parties in the future to protect personal information. To do this, Google plans to collect and manage all personal information themselves.
Personal information collected by Google for personalized advertising. (Photo by Google Terms of Service capture)
Will the Amendment to the Personal Information Protection Act Restrict Data Collection?
The amendment to the Personal Information Protection Act will take effect this September. One major change is that the requirement for personal information processing, which was mainly based on 'consent,' will be altered. Information related to the service can be collected by the business operator without the data subject's 'consent,' while only information unrelated to the service requires 'optional consent' before collection.
However, the criteria for determining whether the vast amount of personal information collected by Google is 'related to the service' or not remain ambiguous. The burden of proof for information collected without 'consent' lies with the business operator. Google has already stated that it collects personal information for user convenience. It is expected that Google will engage in intense debates with authorities.
Meanwhile, Google, which was ordered to correct its practices and fined 69.2 billion KRW for violating the Personal Information Protection Act by collecting personal information without user consent and using it for online personalized advertising, has filed an administrative lawsuit. Google maintains the position that consent for behavioral information collection should be obtained by the website or app service operator, not the platform operator.
In response, the Personal Information Protection Commission has expressed its intention to respond actively.
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