C026 Google LLC, Google Ireland Limited
Case projectOnline & Mobile tracking
ControllerGoogle LLC, Google Ireland Limited
Case statusPending (3 - 4 years)
Google LLC argues that the Austrian DPA is not competent for the processing connected to the OS Android, but that this case should be decided by the Irish DPA (DPC), despite the fact that it is filed agains the US entitiy of Google (Google LLC).
Letter by BVwG
Google asks for access to case files, we have one week to say if we have objections. We don't.
Appeal re Aussetzungsbescheid forwarded to BVwG
further communication with BVwG
DSB Appeal forwarded to BVwG
further communication is with the BVwG
Appeal against decsion to moot the case until DPC has decided Aussetzungsbescheid
Appeal against decsion to stop the inactivity procedure
noyb Call with DSB
noyb called the DSB to get an idea if the DPC's letter changes anything (e.g. the DSB consideres to use Art 56(5) or Art 65(1)(b)) as the DPC apperently won't do anything to handle the case.
The DSB said they will "work on solving this conflict" but didn't specify what they will do. They will not lift their own decisions to moot the case and to end the inactivity procedure.
DPC Letter to DSB forwarded to noyb
The DPC tells the DSB the DPC will not do anything until noyb/the complainant confirms the DPC's competence as LSA. We will never do that, as
DSB Decision to end inactivity procedure
The DSB also passed a decision, ending the inactivity procedure following our inactivity complaint. They are of the view that the decision to give the case to the DPC as assumed LSA is sufficient to end the DSB's inactivity. Hence, the inactivity complaint will never be passed on to the BVwG.
DSB Decision to moot the case
DSB mooted the case until DPC has issued draft decision. Apparently they see enough hints, that Google Ireland is controller and the DPC is LSA (although the decision contains no proper reasoning).
Submissions to DSB and DPC following 6 April 2022 communications