Google Faces Complaint Over Failure to Delete Sensitive User-Location Information

Google Faces FTC Complaint Over Failure to Delete Sensitive User-Location Data

A complaint filed with the Federal Trade Commission on Thursday alleges that Google has not followed through on promises to delete sensitive user-location information, including visits to abortion clinics. The complaint, provided to Bloomberg Law by the Electronic Privacy Information Center (EPIC), a nonprofit privacy research and advocacy group, accuses the Alphabet Inc. unit of engaging in “unfair and deceptive trade practices” regarding how it handles data.

Despite Google’s pledge in July 2022 to delete records of user visits to abortion clinics, ongoing reporting suggests that the tech giant has continued to collect location data for users visiting these sensitive locations. The collection of such data can potentially lead to “substantial injury” to consumers by revealing personal practices and potentially discouraging individuals from seeking vital health care services, according to the complaint.

The complaint, also signed by the nonprofit tech watchdog project Accountable Tech, highlights findings that Google retained abortion seekers’ location data about half of the time in experiments conducted across the country. This practice, the complaint argues, violates Google’s 2011 FTC Consent order agreeing not to misrepresent how it maintains and protects the privacy of data, including physical location.

Google has denied the claims, stating that it is upholding its promise to delete particularly personal places from Location History when identified by its systems. However, the complaint details instances where sensitive location data remained in users’ history despite Google’s policy shift.

EPIC has called on the FTC to impose civil penalties on Google, require the deletion of any location data indicating a user visited a covered medical facility, and mandate the adoption of data-minimization practices with oversight. The organization argues that Google’s failure to comply with its promises offers no benefits to consumers or competition that outweigh the harms caused by misleading statements or misuse of highly sensitive location data.

While Google recently announced changes to its ‘location history’ feature on Google Maps to keep data only on users’ devices, the move is expected to have significant implications for law enforcement access to data through geofence warrants, a form of location-based digital surveillance.

EPIC’s counsel, Sara Geoghegan, emphasized the need for the FTC to enforce data-protection rules, stating that a mere promise from Google is insufficient to protect users’ location information. The complaint comes amid increased scrutiny by the FTC against sensitive location data tracking, with a recent settlement banning a databroker from sharing or selling such information.