Tag: NOYB

  • Legal Win Against YouTube After 5.5 Years of Battle

    Legal Win Against YouTube After 5.5 Years of Battle

    Key Takeaways

    1. Noyb filed an access request under GDPR for personal data from major streaming services, but companies like Apple, Amazon, and Google did not comply.
    2. After five years of legal action, the Austrian Data Protection Authority ruled in favor of noyb, supporting users’ rights to personal data.
    3. Google attempted to delay the process through legal maneuvers, including trying to move the case to Ireland.
    4. Prolonged legal battles drain resources from NGOs and hinder individuals’ rights, making it difficult for them to advocate for themselves against large corporations.
    5. If Google does not appeal, it must comply with the information request, but the potential for fines and legal costs remains uncertain.

    What has been a completely normal process has extended over several years. A while back, the data protection group noyb made an “access request” for personal data to major streaming services like Amazon, Apple Music, Spotify, Netflix, and YouTube. As per GDPR (Article 15), these companies are “required to provide users with a copy of their personal data, along with extra information about how it is processed, including the sources and recipients of the data, the reasons for processing, and how long the data will be kept.”

    Companies’ Non-compliance

    Despite the requests, all contacted companies either couldn’t or didn’t want to meet these demands. In January 2019, noyb took action by filing a complaint against eight firms, including Apple, Amazon, and Google, with the Austrian Data Protection Authority (DSB). Now, after more than five years, a ruling has finally been made: the DSB has sided with noyb.

    Delays and Legal Maneuvers

    During these five years, Google has found numerous ways to stall what should be a straightforward process. For instance, they tried to move the case to Ireland, where, according to noyb, the enforcement of data protection has notable flaws. Noyb has expressed confusion over why a multi-billion dollar corporation would prefer a prolonged legal battle rather than simply honoring users’ rights to information.

    Impact on Individuals and NGOs

    These drawn-out legal proceedings not only drain resources from NGOs like noyb but also strip individuals of their basic rights. Ordinary people find it challenging to stand up against such practices. Often, they feel compelled to give up their rights or endure years of waiting for them to be enforced, especially if they consider entering a lengthy and expensive legal fight against a massive corporation.

    If Google decides not to appeal, it will have to fully comply with the information request. The noyb report does not mention if the proceedings may also lead to a fine, leaving that uncertain. However, Google will probably need to cover the legal expenses stemming from this loss.

    Source:
    Link

     

    Tags: , ,
  • Organization Acts Against TikTok, Temu, Xiaomi for Data Privacy Risks

    Organization Acts Against TikTok, Temu, Xiaomi for Data Privacy Risks

    Companies are restricted in sending data from European customers to other nations unless certain strict conditions are met. For example, data transfers can only occur if the destination country respects the data privacy standards established by the European Union. This means that transferring customer data to authoritarian regimes like China is likely against the law.

    Data Practices of Tech Companies

    However, many tech companies continue to transfer customer data to China, especially global Chinese firms. Xiaomi, a well-known smartphone maker, has openly stated in its transparency report that Chinese authorities sometimes demand and gain unrestricted access to personal data. This raises serious concerns regarding the security of data belonging to Xiaomi users. In fact, companies like Temu must comply with requests from the Chinese government, as there is no independent authority in China to protect data privacy.

    NOYB’s Investigative Actions

    Because of these concerns, the data protection organization NOYB, which stands for “none of your business”, has sought access to data to determine whether the involved companies have indeed sent customer information to China or other nations outside the EU. Despite being legally required to do so, none of these companies have supplied the needed information.

    As a result, NOYB has officially lodged a complaint regarding data privacy against TikTok, Aliexpress, Shein, Temu, WeChat, and Xiaomi across five different EU nations. NOYB is pushing for an end to these unlawful data transfers and has suggested that EU authorities should impose hefty fines, potentially reaching 4% of the global revenue of these large corporations.

    Financial Implications of Non-Compliance

    To illustrate, AliExpress generates an annual revenue of €3.68 billion, which could lead to a fine of about €147 million. Meanwhile, Temu has an even larger annual revenue of €33.84 billion, meaning it could face a staggering fine of up to €1.35 billion under the strict data protection regulations of the EU.

    Source:
    Link

    Tags: ,