Austrian DPA second Google Analytics ruling over IP anonymisation

04/05/2022 | noyb

NOYB has issued an update on its 101 complaints (Google Analytics). Firstly, the Austrian DPA has issued a new ruling against Google Analytics, this time declaring that the use of Google's IP anonymisation feature provides no data protection benefits as the IP data is still being processed as anonymisation only takes place after the data has been transferred to Google. Furthermore, it is only one online identifier; others like cookies and device data are still being transferred. 

The Austrian DPA went further, rejecting Google's argument of a risk-based approach. GDPR doesn't expect a risk-based approach when it comes to data transfers, a point that Marco Blocher, data protection lawyer at NOYB, says "the DSB has finally exposed the 'risk-based approach' for data transfers for what it is: a clumsy attempt to soften the clear case law of the CJEU. The relevant articles on data transfers do not use the word 'risk' a single time."

In contrast to the Austrian DPA ruling, NOYB highlights that the Spanish and Luxemburgish DPAs have closed their complaints procedures against companies using Google Analytics, seemingly because the companies stopped using Google Analytics. as is past violations no longer matter. 

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