Twice in less than 12 months, the Federal Trade Commission has investigated Google Inc.’s personal data-handling practices to compare them with Google’s representations made on its website privacy policy and other documents. Twice in less than 12 months, the FTC has determined that Google’s practices constituted misrepresentation. This second time, however, the price tag associated with the ruling at the completion of this investigation as set forth in the Proposed Consent Order with Google published on Aug. 9 (Google 2) is a record $22.5 million civil penalty.
In this second enforcement action, the FTC charged that Google misrepresented to users of Apple Safari’s browser that it would not place tracking cookies on their browser, or serve targeted ads. In the prior enforcement action, which resulted in a settlement dated October 2011 (Google 1), the FTC charged that Google used deceptive tactics and violated its own privacy promises to consumers when it launched the Buzz social network in 2010.
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