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Google is appealing a fine of 69.2 billion won (approximately $51.7 million) that was levied by South Korea’s Personal Information Protection Commission (PIPC) due to alleged breaches of the Personal Information Protection Act.
The tech behemoth is under scrutiny for its use of pre-selected consent options during account registration, with the commission asserting that this tactic misleads users into consenting to data collection for targeted advertising.
During the sixth court hearing held on August 29 at the Seoul Administrative Court, both Google and PIPC showcased how users are prompted to adjust their privacy settings when signing up for an account.
Central to the disagreement is the “More Options” feature found in the “Privacy and Terms” section, which mandates that users proactively opt out if they do not wish to share their behavioral data—including browsing and search histories—utilized for personalized ads.
PIPC contends that this approach undermines the principles of informed consent since users need to manually uncheck pre-selected options in order to opt out, a practice that they believe violates South Korea’s data protection regulations. They have also highlighted that Google’s consent mechanisms differ from those implemented in Europe, where data-sharing options are not pre-selected.
In its defense, Google maintains that it has adhered to legal standards and argues that the responsibility for obtaining user consent rests with the operators of the websites or applications that use Google’s data collection tools. The company referenced legal precedents which uphold the legitimacy of consent when users are informed of significant conditions. Google further noted that the “More Options” feature actually empowers users by giving them the ability to withdraw consent during the registration process, rather than at a later time.
The legal battle is ongoing as Google aims to overturn the substantial fine.
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