Noyb (Non of Your Business), an Austrian non-profit organization active in the field of protection of rights and freedoms, filed a complaint against Google on Wednesday, August 24, with the National Commission for Informatics and Liberties (CNIL) in France.
According to Noyb, Google has violated Directive 2002/58/EC of the European Parliament and of the Council of July 12, 2002 which refers to the processing of personal data and the protection of privacy. An infringement that Google is guilty of sending advertising emails in Gmail without the consent of its recipients.
These emails, well known to users of the free email tool, appear next to a mention of “announcement” in green letters. They are not accompanied by any date of receipt. They are placed next to emails that are actually sent to the user, but actually only contain advertising purchased by Google advertisers.
According to the law mentioned by the association “the use […] email for direct marketing purposes can only be authorized if it is addressed to subscribers who have given their prior consent”, recalls Noyb in his complaint.
However, “neither Google nor any other advertiser has obtained the consent of the required recipients,” stresses the Austrian organization that, through this complaint, represents three Gmail users who received advertising emails from Google.
Application for sanctions
Secondly, Noyb demands that the sending of advertising emails of this nature be stopped and, finally, it suggests that the Cnil impose a “proportionate and dissuasive” fine on Google in accordance with the laws relating to information technology, files and freedoms.
This would not be the first financial sanction pronounced by the Cnil against Google. The French organization, which is reputed to be one of the strictest personal data regulators in Europe, already issued, in January, a record fine of 150 million euros against the Mountain View firm for not having respected the legislation that governs the use of cookies.
For now, Google has not commented publicly on these accusations.
Source: BFM TV
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