France hits Google with Rs. 404 cr data consent fine
Paris, Jan 21: France's data watchdog on Monday announced a fine of 50 million euros (USD 57 million) for US search giant Google, using the EU's strict General Data Protection Regulation (GDPR) for the first time.
Google was handed the record fine from the CNIL regulator for failing to provide transparent and easily accessible information on its data consent policies, a statement said.
The CNIL said Google made it too difficult for users to understand and manage preferences on how their personal information is used, in particular with regards to targeted advertising.
"People expect high standards of transparency and control from us. We're deeply committed to meeting those expectations and the consent requirements of the GDPR," a Google spokesperson said in a statement.
"We're studying the decision to determine our next steps." The ruling follows complaints lodged by two advocacy groups last May, shortly after the landmark GDPR directive came into effect.
One was filed on behalf of some 10,000 signatories by France's Quadrature du Net group, while the other was by None Of Your Business, created by the Austrian privacy activist Max Schrems.
Schrems had accused Google of securing "forced consent" via its Android mobile operating software through the use of pop-up boxes online or on its apps which imply that its services will not be available unless the conditions of use are accepted.
"Also, the information provided is not sufficiently clear for the user to understand that the legal basis for targeted advertising is consent, and not Google's legitimate business interests," the CNIL said.
"We have found that large corporations such as Google simply 'interpret the law differently' and have often only superficially adapted their products," Schrems said in a statement after the ruling.
"It is important that the authorities make it clear that simply claiming to be compliant is not enough."
The GDPR is widely considered the biggest shake-up to data privacy regulations since the advent of the web.
Even companies which are not based in Europe must follow the tough new rules if they want their sites and services to be available to European users.
The CNIL found that despite changes implemented by Google since last year, it was still failing to respect the spirit of the new rules.
It noted for example that specifics on how long a person's data is kept and what it is used for are spread across several different web pages.
Modifying a user's data preferences also requires clicking through a variety of pages such as "More Options", and often the choices to accept Google's terms are pre-checked by default.
"This type of procedure leads the user to give global consent... but the consent is not 'specific' as the GDPR requires," the regulator said.
It said the record 50-million-euro fine reflected the seriousness of the failings as well as Google's dominant market position in France via Android.
"Each day thousands of French users create a Google account on their smartphones," the CNIL said.
"As a result the company has a special responsibility when it comes to respecting their obligations in this domain," it said.
It is not the first time the regulator has taken Google to task over its policies.
In 2014 it fined the company 150,000 euros the maximum possible at the time for failing to comply with its privacy guidelines for personal data.
And in 2016 it imposed a 100,000-euro penalty over non-compliance with the EU's "right to be forgotten" rule, allowing people to request having references to them removed from search results.
Google has contested the decision, saying it should apply only to its European sites, such as Google.fr, and not the global Google.com domain.
Earlier this month the advocate general for the European Court of Justice in Luxembourg sided with Google in the case, though a final ruling has not yet been announced.
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2nd phase of Bengal poll: 39.97 per cent polling till 11 am amid sporadic violence
Kolkata (PTI): Nearly 40 per cent of the 3.21 crore electors voted till 11 am of the second phase of polling in West Bengal amid sporadic violence, while tension gripped the Bhabanipur seat briefly as Chief Minister Mamata Banerjee and Suvendu Adhikari took swipes at one another in the same booth area.
Voters queued up from 7 am outside booths in Kolkata, Howrah, Hooghly, Nadia, North and South 24 Parganas and Purba Bardhaman districts, which form Bengal's electoral and political core.
Of the total electorate eligible to vote in this phase, 1.57 crore are women, and 792 are third-gender.
Till 11 am, West Bengal recorded 39.97 per cent polling with Purba Bardhaman registering the highest turnout at 44.50 per cent, followed by Hooghly at 43.12 per cent and Nadia at 40.34 per cent.
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Howrah recorded 39.45 per cent polling, while North 24 Parganas registered 38.43 per cent. Kolkata North and Kolkata South recorded 38.39 per cent and 36.78 per cent turnout, respectively.
South 24 Parganas, a politically crucial district witnessing several high-profile contests, recorded 37.9 per cent voting.
The first phase of polls in 152 Assembly seats of West Bengal on April 23 also recorded more than 41 per cent polling till 11 am.
"Polling is underway peacefully, barring some minor incidents in certain areas. We have sought reports from the officials concerned," a poll panel official said.
The early-morning convergence of Banerjee and Adhikari at the same booth area in Chakraberia turned Bhabanipur -- the chief minister's electoral bastion -- into the centrepiece of the day, reinforcing the symbolic weight of their prestige battle seen as a rematch of Nandigram, where the BJP leader had defeated her in 2021.
Banerjee was already seated outside the booth after receiving complaints of alleged intimidation of local TMC leaders when Adhikari arrived there amid heavy deployment of central forces.
Stepping out of his car, Adhikari declared, "I will not allow any hooliganism", while Banerjee accused the BJP of trying to "rig" the election using central forces, police observers and election officials.
"BJP wants to rig this election. Polls in Bengal are usually peaceful. Is there goonda raj here?" Banerjee told reporters, alleging CRPF personnel had visited the homes of TMC leaders late Tuesday night and unleashed terror in the area.
She alleged that election observers were acting at the BJP's behest and claimed TMC workers were being selectively targeted across districts.
Adhikari dismissed the charges as signs of "frustration", claiming Banerjee had realised that "not a single vote" was coming her way.
Banerjee, who usually steps out of her Kalighat residence late in the day to cast her vote at Mitra Institution School, broke convention and hit the ground before 8 am, moving through Chetla, Padmapukur and Chakraberia, underlining the stakes attached to Bhabanipur and the wider battle for south Bengal.
Reports of violence, vandalism and tension surfaced from several districts.
In Nadia district's Chapra, a BJP polling agent was allegedly assaulted inside a booth during a mock poll. The BJP accused TMC supporters of attacking its agent, while the ruling party denied the charge. In Shantipur, a BJP camp office was found vandalised.
In South 24 Pargana's Bhangar, the ISF alleged that its polling agents were prevented from entering booths.
Howrah's Bally constituency saw tension at a booth in Liluah after an EVM malfunction delayed voting, prompting central forces to lathi-charge agitated voters. Two people were arrested in the matter.
Police and RAF personnel were also seen chasing away crowds near a booth in Amdanga following complaints of unlawful gathering by bike-borne supporters.
In Panihati, BJP candidate Ratna Debnath, the mother of the RG Kar victim, faced protests and her car was allegedly stopped by TMC workers, while in Jagaddal, the recovery of a firearm near a polling booth triggered tension before police and central forces restored order.
BJP candidate from Basanti assembly constituency in South 24 Parganas, Bikash Sardar, on Wednesday, alleged that "200-250 TMC goons" attacked his car and assaulted his driver when he was visiting polling booths in the constituency.
The TMC did not immediately respond to the allegations.
Unlike the first phase, where the BJP sought to defend its north Bengal gains, the final round has shifted the battle squarely to the TMC's strongest belt.
In 2021, the ruling party had won 123 of these 142 seats, leaving just 18 for the BJP and one for the ISF. For the BJP, breaching this southern fortress remains critical if it hopes to mount a serious challenge for power in the state.
