Selected cases

Federal Court of Australia · [2021] FCA 367

Watchlist

ACCC v Google

A Federal Court case showing how privacy and data representations can also create Australian Consumer Law risk.

Federal Court of Australia16 Apr 2021

These are plain-English explainers, not legal advice. They are a good starting point, but check the linked official source before you rely on a specific section, and get advice for your situation.

Talk to a lawyer

Decision snapshot

Facts

The dispute

Google showed Android users account setup and settings screens about Location History and Web & App Activity. The ACCC alleged users were led to think Location History was the only setting controlling whether Google collected, kept or used personally identifiable location data. In reality, leaving Web & App Activity switched on could also allow Google to continue collecting and using location data.

Issue

The legal question

The Court had to decide whether Google's screens and explanations misled users about the relationship between Location History, Web & App Activity and the collection or use of personal location data.

Outcome

Decision

The Federal Court found Google had made misleading representations to some Android users about location data settings during the relevant period. The decision showed that consumer law can apply to privacy and product-setting representations, not just classic sales advertising.

Practical impact

Commercial note

Businesses collecting location or behavioural data should make privacy and consumer disclosures match the real product settings. Privacy wording can also be consumer law risk.

  • Privacy disclosures and product settings must be consistent.
  • Data collection explanations should be tested from the user's perspective.
  • Consumer law can apply to privacy and data representations.

Practical read

ACCC v Google is a settings-screen case. Users were not just reading a privacy policy. They were making product choices inside Android and Google Account screens, and the legal question was whether those screens gave a truthful picture of what would happen to location data.

For startups, the case matters because data risk often lives in product UX. A privacy policy can be technically accurate and still not save a business if toggles, onboarding text or account settings give users the wrong impression.

Checks to run

Quick checklist

0/4

Key Takeaways

  • Privacy disclosures and product settings must be consistent.
  • Data collection explanations should be tested from the user's perspective.
  • Consumer law can apply to privacy and data representations.

Related topics

Privacy & DataConsumer Law & Trading

How Sprintlaw can help

Privacy PolicyWebsite Terms and Conditions