Opaque tech group demands more Google transparency

Movement for an Open Web, a coalition of leading tech, advertising, and publishing companies which refuses to name its members, has submitted a formal complaint about Google’s “Privacy Sandbox” to the European Commission, amid claims the company is planning a “creepy data mining” operation.

The organisation claims Google’s changes will impair independent analytics, advertising, fraud detection, data services, performance optimisation, and other open web features, while increasing the value of the data Google receives from sources uniquely available to the tech giant due to its scale and integrated services like search, Chrome and Android.

MOW, previously Marketers for an Open Web, insists Google is placing itself in the position to decide what data can be shared on the web and with whom. Such power can only be wielded by regulators and threatens the Open Web, it maintains.

The organisation has now provided the EU Commission with evidence of Google’s technology changes, how they impact choice and competition, and have outlined potential remedies.

MOW is calling on Brussels to use its wide-ranging powers to stop Google from enclosing the Open Web, allow increased end-user choice and promote independent data management to allow increased privacy and diversity.

The group has set out a raft of remedies, which it argues should include oversight, notification and compliance.

These include Google providing the EU with oversight of its planned browser changes – enabling privacy and competition assessments to be made by the EU and data protection authorities in line with Google’s proposed remedy to the UK’s Competition & Market Authority and Information Commissioner’s Office.

MOW is also demanding that Google notifies the EU in advance of all anticompetitive browser changes and similar measures.

Google should also introduce a certified compliance programme similar to that required of public corporations in the US under the Sarbanes-Oxley legislation, which requires regular independent audit and personal verification by Google management of compliance.

Meanwhile, MOW wants regular qualitative reviews by the EU in parallel with the CMA and market testing of the competitive impact of proposed changes and oversight by data protection authorities is also needed to examine and satisfy themselves that privacy is being protected, and not merely being asserted by Google.

MOW claims it is supported by businesses concerned that Google is threatening the Open Web model vital to the functioning of a free and competitive media and online economy.

Director James Rosewell said: “The Internet was originally envisaged as an open environment outside the control of any single body. Google maintains it is making these changes to protect privacy but if not properly policed, the move threatens digital media, online privacy and innovation.

“Solutions aligned to laws – not self-serving misuse of the web architecture by the members of Big Tech such as Google – are needed. More people, surrendering more personal data to fewer companies doesn’t improve anyone’s privacy while stifling competition and boosting their huge profits even further.”

Tim Cowen, legal advisor to MOW and chair of the Antitrust Practice at Preiskel & Co LLP, added: “We’re asking that the EU Commission create a level playing field for all digital businesses, to maintain and protect an Open Web. Google says it’s strengthening ‘privacy’ for end users but it is not, what it’s really proposing is a creepy data mining party.”