Groundbreaking Ruling on User Data Access Rights
In January 2019, the Austrian privacy organization None of Your Business (Noyb) initiated a series of strategic complaints targeting major streaming platforms, including Netflix, Spotify, and YouTube. These complaints alleged that these services were not adhering to the “right to access”provisions outlined in Article 15 of the General Data Protection Regulation (GDPR).
This regulation empowers EU citizens with the right to request a copy of their personal data and receive clarity on how their information is utilized. During its investigation, Noyb revealed that some companies employing automated systems returned incomplete data requests, while others, like SoundCloud, failed to respond at all.
Recent Developments: Noyb’s Victory
Fast forward over five years, the Austrian Data Protection Authority (DSB) has issued a ruling against YouTube. According to Martin Baumann, a data protection attorney at Noyb, the legal battle has been “absurd, ” and he criticized Google for purposefully extending the legal proceedings rather than simply furnishing users with their data.
The DSB’s ruling, which is available in German, starkly criticized Google’s convoluted data access framework. The authority highlighted that the company’s “portal”system unnecessarily complicates the process for users, effectively obliging them to function as digital investigators.
Google’s communication reportedly instructed users to compile their data from a series of self-service platforms such as Google Account, My Activity, and Google Dashboard. This often culminated in the use of Google Takeout, which exports files in formats like JSON—generally unreadable for the average user. The DSB firmly stated that this methodology unlawfully shifts the responsibility of data retrieval away from the company and fails to deliver a comprehensive and intelligible copy of personal data as mandated by law.
Regulatory Insights and Implications
Noyb has claimed that Google’s initial intent was to have this case overseen in Ireland, recognizing the slow and lenient regulatory atmosphere there. The Irish Data Protection Commission (DPC) has frequently faced criticism for its lackluster response to such issues. Noyb’s founder, Max Schrems, has previously called out the DPC for an “extremely poor understanding of the material law provisions of GDPR.”
Being well aware of enforcement deficits in Ireland, Google (ultimately unsuccessfully) tried to argue that the Irish supervisory authority is competent to handle this case. This alone massively dragged out the case.
Next Steps for YouTube
YouTube now faces a four-week deadline to furnish an accurate and user-friendly version of the requested personal data. Meanwhile, Google retains the option to appeal the DSB’s decision.
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