ACCC claim that Google misled Android users upheld by the Federal Court

20 April 2021

On 16 April 2021, the Federal Court of Australia partially upheld a claim brought by the Australian Competition and Consumer Commission alleging that Google misled consumers about personal location data collected through Android mobile devices between January 2017 and December 2018.

The proceedings concerned the content of various screens which were shown to Android users in respect of how data about their location would be obtained, retained and used by Google. The judgment contains an analysis of the principles involved when considering conduct directed to a particular class of persons, rather than specified individuals.

Both parties were represented by Banco Barristers: the ACCC by Kate Richardson SC and Anais d'Arville, and Google by Peter Brereton SC, Robert Yezerski and Sebastian Hartford Davis.

Link to judgment

Link to media coverage