Australian Competition and Consumer Commission v Google: Deterring Misleading Conduct in Digital Privacy Policies

2021 Communications Law - Journal of Computer, Media and Telecommunications Law, vol.26, no.3, pp. 136-148

20 Pages Posted: 8 Dec 2021

See all articles by Jeannie Marie Paterson

Jeannie Marie Paterson

University of Melbourne - Law School

Elise D. Bant

University of Melbourne - Law School

Henry Cooney

The University of Western Australia

Date Written: June 30, 2021

Abstract

In Australian Competition and Consumer Commission v Google (ACCC v Google) the Australian consumer protection regulator, the Australian Competition and Consumer Commission (ACCC), successfully argued that Google engaged in misleading conduct about the steps needed to prevent Google from obtaining consumers’ personal data about their location, contrary to prohibitions in the Australian Consumer Law (ACL). This paper discusses this decision and the implications for enforcement of overreaching privacy policies generally.

Keywords: privacy, nudging, dark patterns, misleading, consumer protection, data tracking

Suggested Citation

Paterson, Jeannie Marie and Bant, Elise D. and Cooney, Henry, Australian Competition and Consumer Commission v Google: Deterring Misleading Conduct in Digital Privacy Policies (June 30, 2021). 2021 Communications Law - Journal of Computer, Media and Telecommunications Law, vol.26, no.3, pp. 136-148 , Available at SSRN: https://ssrn.com/abstract=3973199 or http://dx.doi.org/10.2139/ssrn.3973199

Jeannie Marie Paterson (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Elise D. Bant

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Henry Cooney

The University of Western Australia ( email )

35 Stirling Highway
Crawley, Western Australia 6009
Australia

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