[HN Gopher] Danish Data Protection Agency concludes Google Analy...
       ___________________________________________________________________
        
       Danish Data Protection Agency concludes Google Analytics cannot be
       used lawfully
        
       Author : ZacnyLos
       Score  : 216 points
       Date   : 2022-09-21 18:19 UTC (4 hours ago)
        
 (HTM) web link (www.datatilsynet.dk)
 (TXT) w3m dump (www.datatilsynet.dk)
        
       | aurora72 wrote:
       | Anything related to Google can't be used lawfully because Google
       | acknowledges no law.
        
         | [deleted]
        
         | kmeisthax wrote:
         | No, the specific problem is that Americans can't comply with
         | GDPR because they are American.
         | 
         | This will be the state of EU law until America either repeals
         | the CLOUD Act and shuts down the NSA, or copypastes GDPR into
         | local law. I would prefer either to be honest.
        
           | dataking wrote:
           | I'm not sure this is correct. The EU and US agreed "in
           | principle" on a new privacy shield in the spring of this year
           | [0]. Maybe third time is the charm? (I think this is the
           | third attempt.)
           | 
           | [0] https://www.politico.eu/article/privacy-shield-data-deal-
           | joe...
        
           | Deukhoofd wrote:
           | The CLOUD act is one thing, but Section 702 of the Foreign
           | Intelligence Surveillance Act is a far bigger problem.
           | Allowing the FBI, CIA and NSA full access to all data
           | regarding every non-American without a warrant required on
           | every US internet service is a massive breach of privacy, and
           | will always be a GDPR breach.
        
       | senko wrote:
       | I'm a happy Plausible (https://plausible.io/) paying user.
       | 
       | Simple to use (few features compared to GA, but exactly those I
       | need), respects privacy, and has fair pricing.
        
       | AdriaanvRossum wrote:
       | For who needs a summary of what is happening in the EU [1]
       | 
       | 1. Since 2020, it's illegal to send personal data to the US
       | because of the invalidation of the Privacy Shield [2]
       | 
       | 2. Google said it was okay in the EU to use anonymized IP
       | addresses
       | 
       | 3. The Austrian Data Protection Authority (DSB) [3] ruled
       | differently and waived most of the arguments raised by Google.
       | The DSB ruled that even anonymized IP addresses are personal
       | data.
       | 
       | 4. The Data Protection Authority of The Netherlands followed by
       | implying that the use of Google Analytics might be banned in the
       | future [4]
       | 
       | 5. In February 2022 The Data Protection Authority of France
       | (CNIL) followed [5]
       | 
       | 6. In June 2022 the Data Protection Authority of Italy (Garante)
       | followed [6]
       | 
       | 7. Now, September 2022, Denmark - after already banning Google
       | Workspace for municipalities [7] - considers Google Analytics
       | unlawful as well [8]
       | 
       | This is a sound decision, but not a new one. It's a confirmation
       | of what has been ruled in July 2020, but now it seems to have
       | more impact.
       | 
       | PS: I'm the founder of Simple Analytics [9] - the privacy-first
       | analytics tool that, unlike other privacy tools, does not use any
       | identifiers.
       | 
       | [1] https://blog.simpleanalytics.com/will-google-analytics-be-
       | ba...
       | 
       | [2] https://iapp.org/news/a/the-schrems-ii-decision-eu-us-
       | data-t...
       | 
       | [3] https://www.data-protection-authority.gv.at/
       | 
       | [4]
       | https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/interne...
       | (in Dutch)
       | 
       | [5] https://www.cnil.fr/en/use-google-analytics-and-data-
       | transfe...
       | 
       | [6] https://www.gpdp.it/web/guest/home/docweb/-/docweb-
       | display/d...
       | 
       | [7] https://www.simpleanalytics.com/blog/denmark-bans-google-
       | wor... (includes translated version)
       | 
       | [8] https://www.datatilsynet.dk/english/google-analytics/use-
       | of-... (this thread)
       | 
       | [9] https://www.simpleanalytics.com/
        
         | dataking wrote:
         | Thanks for you summary! I, for one, needed it. Can you comment
         | on why the BSB found that anonymized IP addresses are personal
         | data (3rd point). Is it because the anonymization is too weak?
         | 
         | Edit: seems GA only masks the last octet of an IP4 address.
        
           | AdriaanvRossum wrote:
           | See the PDF from Google as a response to Austrian DPA [1].
           | See heading "Technical and Organizational Measures" on page
           | 23 and "Optional Technical Measure" on page 26.
           | 
           | More you can find in the NOYB blog post [2]. NOYB is the
           | organization who imitated the complaints towards Google
           | (Analytics).
           | 
           | > While Google has made submissions claiming that has
           | implemented "Technical and Organizational Measures" ("TOMs")
           | [1], which included ideas like having fences around data
           | centers, reviewing requests or having baseline encryption,
           | the DSB has rejected these measures as absolutely useless
           | when it comes to US surveillance (page 38 and 39 of the
           | decision):
           | 
           | > "With regard to the contractual and organizational measures
           | outlined, it is not apparent, to what extent [the measure]
           | are effective in the sense of the above considerations."
           | 
           | > "Insofar as the technical measures are concerned, it is
           | also not recognizable (...) to what extent [the measure]
           | would actually prevent or limit access by U.S. intelligence
           | agencies considering U.S. law."
           | 
           | > Max Schrems: "This is a very detailed and sound decision.
           | The bottom line is: Companies can't use US cloud services in
           | Europe anymore. It has now been 1.5 years since the Court of
           | Justice confirmed this a second time, so it is more than time
           | that the law is also enforced."
           | 
           | [1] https://noyb.eu/sites/default/files/2021-05/2021-04-09_Re
           | spo...
           | 
           | [2] https://noyb.eu/en/austrian-dsb-eu-us-data-transfers-
           | google-...
        
       | [deleted]
        
       | ZacnyLos wrote:
       | There are tons of alternatives: https://european-
       | alternatives.eu/alternative-to/google-analy...
        
       | skybrian wrote:
       | And yet, has anyone ever been harmed by Google Analytics? How
       | would we know?
        
         | spookie wrote:
         | This has been answered in the thread, but the tl;dr is that it
         | compromises European rights.
         | 
         | Poor Google :'(
        
           | skybrian wrote:
           | How important can these rights be if compromising them harms
           | nobody?
           | 
           | You could have the right to name an asteroid, but it's not an
           | important right.
        
         | belorn wrote:
         | We know from scandals and leaks that google has access to
         | citizens sensitive data from multiple nations, with privileged
         | access that handles medical, military, political, commercial,
         | and legal information.
         | 
         | No one should hold that much power.
        
           | skybrian wrote:
           | That's not what I asked, though. Those aren't examples of
           | people being harmed.
        
       | V__ wrote:
       | > This has been particularly relevant as Google, following the
       | first Austrian decision, has begun to provide additional settings
       | in relation to what data can be collected by the tool. However,
       | our conclusion is that the tool cannot, without more, be used
       | lawfully.
       | 
       | Even though Google has branches in Europe, again the website
       | owners will get in legal trouble and not Google for offering a
       | product which cannot be used legally.
       | 
       | Is there any other industry where the client is responsible for
       | making sure the service or product is legal and not the producer?
        
         | googlryas wrote:
         | You can use google analytics legally in all of these areas that
         | have deemed it illegal, because they're just saying it is
         | illegal for common public-facing internet usage. You can still
         | use google analytics for, say, corporate intranet sites in
         | Denmark if you'd like.
        
           | Xylakant wrote:
           | I doubt you can. If the data collection is illegal under the
           | GDPR (or it's incarnation under danish law), then it won't
           | help if you don't use it in a public facing context. The GDPR
           | doesn't make any difference between subjects that are
           | employed by the entity collecting the data and others.
        
           | V__ wrote:
           | Sure, but that is not what Google is advertising, and it
           | should be Google's responsibility to inform users about that.
           | 
           | Exaggerated example: If I would buy a car which by design
           | isn't road legal, and this design flaw would cause an
           | accident killing someone. Normally the carmaker would be
           | responsible. The carmaker couldn't say, well technically,
           | it's only for use in your backyard, but you have to be a
           | lawyer to know that, and our advertising isn't reflecting
           | that at all. Somehow, Google get's away with such logic.
        
         | stickfigure wrote:
         | > Is there any other industry where the client is responsible
         | for making sure the service or product is legal and not the
         | producer?
         | 
         | Pretty much all of them? Let's say you buy a humble walkie-
         | talkie. It is your responsibility to operate it in regions
         | where the specific RF bands it uses are legal.
        
           | V__ wrote:
           | And you as a customer are clearly informed about such
           | limitations. No walkie-talkie would advertise themselves as
           | free to use anywhere. Also, no walkie-talkie sold which by
           | design uses the wrong frequencies would be allowed and would
           | make the user liable and not the producer.
        
           | PeterisP wrote:
           | No, that's not true, if you buy a walkie-talkie, the seller
           | has all kinds of obligations to ensure that it follows the
           | requirements.
           | 
           | Radio devices are a good example where it fact is illegal to
           | make, sell or import transmitters that do not conform to
           | permitted RF bands.
           | 
           | IIRC in USA there is an exemption in FCC rules if you're
           | importing a device for personal use by e.g. buying it online
           | from abroad (and then you're responsible to use it properly),
           | but if you'd want to resell that device, you can't just
           | transfer the liability to the user, you are responsible for
           | ensuring that the transmitter follows FCC rules.
        
             | trasz wrote:
             | Not true - you can easily buy unlocked Baofeng radios in EU
             | and nobody cares. FCC cared because American manufacturers
             | couldn't really compete on market terms.
        
         | dataking wrote:
         | > Is there any other industry where the client is responsible
         | for making sure the service or product is legal and not the
         | producer?
         | 
         | Let's remember, for context, that the EU is saying that the US
         | is an "unsafe" third party country. While this is certainly
         | true under a given definition of safe/unsafe, I doubt (m)any
         | European citizens can point to harm as a direct result of their
         | data being subpoenaed under the US CLOUD act. I am not saying
         | there isn't a real problem but as I mentioned in another
         | comment, the US and EU have agreed "in principle" on a third
         | privacy shield to satisfy concerns on both sides and we are now
         | waiting for it to be codified and tested in courts.
        
         | dahfizz wrote:
         | Its easy to buy car parts online that are illegal for road use.
         | Same concept applies - you can build whatever kind of car, or
         | website, you want. But there are rules about how that car or
         | website must be used when around the general public.
        
           | V__ wrote:
           | Can you buy illegal car parts (sold by a European entity, for
           | example) which advertise themselves as road legal but aren't?
        
             | Nextgrid wrote:
             | Does Google Analytics advertise itself as legal?
             | 
             | As far as I know they never explicitly say that - they give
             | you all the details you need to make the determination
             | yourself, but never explicitly give you the answer.
        
               | V__ wrote:
               | I don't think that distinction legally matters (in
               | Europe). Every product or service in Europe has to
               | "ensure that your products meet the EU requirements to
               | protect human and animal health, the environment and
               | consumers rights." [1]. This means every consumer buying
               | a product in Europe (from a European entitiy) can assume
               | that the product or service is legal.
               | 
               | [1] https://europa.eu/youreurope/business/selling-in-
               | eu/selling-...
        
               | bloppe wrote:
               | There's nothing wrong with Google allowing a website to
               | use GA. The problem only arises if that website then
               | serves end-user traffic to EU citizens. Many European
               | websites may choose to only use GA if the traffic is
               | coming from outside the EU.
        
               | V__ wrote:
               | I'm not sure if that's true. I might be mistaken, but I
               | think European companies have to abide by GDPR even for
               | non-eu personal data.
               | 
               | But let's say it is, then still Google should make that
               | very clear or even adapt its script to prevent a
               | connection if an EU ip is recognized.
        
             | hef19898 wrote:
             | You just described absignificant portion of the EU based
             | car tuner scene.
        
             | markstos wrote:
             | They don't have to advertise that they are legal for road
             | use to sell them to people intending to use them on the
             | road. Another example: a number of e-bike suppliers sell
             | parts that are explicitly described as not road-legal.
             | People may buy them precisely because they are advertised
             | as being faster or more powerful than what is sold in
             | retail stores.
        
               | V__ wrote:
               | > a number of e-bike suppliers sell parts that are
               | explicitly described as not road-legal.
               | 
               | That's fair play. The user knows exactly that he is
               | breaking the law, and he can be punished. Google
               | advertises Analytics for online-shops, websites etc.
               | Cases in which the product can't be used legally and the
               | user doesn't know it.
        
               | spookie wrote:
               | It's not the end user, it's the website owner. And yes,
               | you are responsible for your website.
        
               | V__ wrote:
               | The website owner is the end user of Analytics, but even
               | if not: Why should the distinction matter?
               | 
               | For example: I'm also responsible for my car but if it's
               | (by design) not road legal, why should I be responsible
               | to be sure of that and not the carmaker?
        
               | spookie wrote:
               | Idk where you live, but I'm responsible for making sure
               | that my car stays road legal. And I would be responsible
               | to make sure it was from the start if I had built it
               | myself _wink_ _wink_
        
               | V__ wrote:
               | Of course, but if you bought a brand new vehicle and it
               | wasn't road legal by design you wouldn't be.
        
       | dom96 wrote:
       | I keep seeing these and wondering why Google isn't doing anything
       | about this. Surely it should at the very least tell Google
       | Analytics users based out of the EU that they need to stop using
       | its services? Isn't Google in hot water here for not doing this?
        
         | anothernewdude wrote:
         | More people that actually use GA, the less bad it will be. If
         | everybody does it, it becomes De Facto legal, and makes it
         | clear how little authority the Danish government has.
         | 
         | Laws that aren't enforced, or that have little bite, aren't
         | really laws.
        
         | Bakary wrote:
         | So far the fines have been laughable compared to their revenue
        
           | openplatypus wrote:
           | In case of GA be aware that Google is merely a Data
           | Processor. You, the website operator are the Data Controller
           | in this relationship.
           | 
           | If you use GA for web analytics it is website operator
           | problem, not Google's.
        
       | giuliomagnifico wrote:
       | Stop using GA in Europe. There're lots of other analytics
       | services, don't gift European data to Google.
        
         | adrr wrote:
         | Are they free?
        
           | cgraf wrote:
           | Here is a good list of European alternatives to Google
           | Analytics. The products with free plans are marked as such in
           | case you are specifically looking for them: https://european-
           | alternatives.eu/alternative-to/google-analy...
           | 
           | There are also some that are open source and can be self-
           | hosted. Those are marked with an "open source" flag.
        
           | giuliomagnifico wrote:
           | Some yes, some not. Im using https://umami.is/ that is free
           | (but I'm hosting it DigitalOcean VPS for few $/month). Better
           | than pay a fine for using Google Analytics.
        
         | wombarly wrote:
         | >There're lots of other analytics services
         | 
         | Not really. The only actual competitor to GA is Matomo
         | Analytics, the rest are just copies of each other with the same
         | very basic feature set.
        
           | that_guy_iain wrote:
           | Yea but most of us only need a very basic feature set.
           | Therefore all these other competitors you say aren#t actual
           | competitors are competing and taking users away from Google.
        
           | cgraf wrote:
           | Here is also a good list of european alternatives that can be
           | used instead of Google Analytics: https://european-
           | alternatives.eu/alternative-to/google-analy...
        
           | drukenemo wrote:
           | Adobe Analytics is a fantastic web analytics platform. You
           | seem to be misinformed.
        
             | Kye wrote:
             | I'm always wary of a price of "Get in touch." At least give
             | me a range so I know if it's worth getting in touch.
             | 
             | https://business.adobe.com/products/analytics/compare-
             | adobe-...
        
           | yakkomajuri wrote:
           | Actually there's a broad spectrum of alternatives out there
           | covering different bits of functionality. GA4 particularly is
           | a much broader product than the original Google Analytics.
           | 
           | We keep a list here:
           | 
           | https://isgoogleanalyticsillegal.com/alternatives
        
         | closewith wrote:
         | Google Analytics is outclassed by many other tools, but it has
         | two features that make it essential (along with its brethren,
         | Google Ads tracking) for most enterprises.
         | 
         | One is the Search Console integration, which is the only way to
         | see what Google search queries led people to your site.
         | 
         | The second is Google Ads conversion tracking and remarketing,
         | which is de facto required to advertise with Google because it
         | can easily 10x your Return On Advertising Spend, which is a key
         | metric for digital marketing teams.
         | 
         | Without those two features, Google Analytics would be easy to
         | drop. Many big companies already have other first- or third-
         | party analytics tools they prefer.
        
           | that_guy_iain wrote:
           | > One is the Search Console integration, which is the only
           | way to see what Google search queries led people to your
           | site.
           | 
           | Don't most analytic tools have this? I know Plausible has
           | Search Console Integration.
           | 
           | The Google Ads conversion is the killer feature Google
           | Analytics has in my opinion. But the reality is, most use it
           | because it's defacto and free.
        
             | erik_seaberg wrote:
             | Didn't Google add a hop so the Referer header no longer
             | provides the actual search URL?
        
               | kurikuri wrote:
               | Breaking standards to protect a moat
               | 
               | Ew
        
               | that_guy_iain wrote:
               | Yea but plausible integrates with the search console.
               | Google probably has to provide some intergration ability
               | which is why it's possible.
        
           | daniel-cussen wrote:
           | How can that be if companies don't get a good ROI from online
           | advertising? So that means you need to get Google Adwords in
           | order not to waste practically all your ad spend?
        
           | the_duke wrote:
           | Maybe I'm missing something, but you can use the search
           | console just fine without Google Analytics?
        
           | openplatypus wrote:
           | We are adding Google and Bing search console integration to
           | https://wideangle.co, should arrive rather soon :)
           | 
           | As other posters mentioned, there are numerous GA
           | alternatives, with varying degree of compliance and features.
        
           | tannhaeuser wrote:
           | Search Console is reporting how many Google searches have
           | resulted in page impressions or clicks to your site, with
           | what ranking on the respective search query (keywords/phrase)
           | etc.; works without ga.
        
       | endisneigh wrote:
       | I wonder if the conclusion of these sort of laws is just a
       | segregated internet
        
         | zeruch wrote:
         | It's already here. (Web3 will exacerbate it).
         | 
         | Seriously, in terms of a 'segregated' network, we already see
         | giant walled gardens and their pseudo-kin everywhere, and
         | web3's sole focus seems on monetization of anything online,
         | which won't help that one iota.
        
         | throwaway5920 wrote:
         | It is inevitable. The only question is to what ends. EU is very
         | focused on a maximalist vision of privacy. US is focused on
         | security with a touch of woke censorship. China couldn't care
         | less about privacy but is obsessed about keeping out foreign
         | influence and heavily censoring cultural and political content.
        
           | spookie wrote:
           | I wonder who is in the right here
        
           | dmitriid wrote:
           | > US is focused on security with a touch of woke censorship.
           | 
           | The US couldn't care less about security. Their approach is
           | "we buy and sell your data and if you are in the US the
           | government can use any and all data at any point for any
           | reason".
           | 
           | European view isn't maximalist in the least. Europe,
           | thankfully, still still remembers lessons learned from data
           | exposure to Stasi police.
        
           | bee_rider wrote:
           | Hopefully European VPN providers can capitalize on this. Even
           | if it is just a tiny boost to the local economy, always nice
           | when a populace is rewarded selecting reasonable politicians.
        
       | wazoox wrote:
       | I removed GA from all my websites a few months ago. It didn't
       | provide any interesting information anyway. I actually get better
       | data with Webalizer and a couple of custom scripts.
        
         | djbusby wrote:
         | Care to share these script?
        
       | ghostpepper wrote:
       | Do they say why it cannot be used lawfully or what "more" would
       | be required to make it lawful?
        
         | openplatypus wrote:
         | Why: ShremsII ruling in essence. Any operator under the
         | influence of US authorities requires additional measures to
         | secure data.
         | 
         | More: add additional measures beyond those provided by GA.
         | Hosting a proxy and anonymizing the data before it reaches GA
         | might be an option.
         | 
         | At this point, it is easier and cheaper to find GDPR compliant
         | alternative.
        
       | basquiyacht wrote:
       | Using Simple Analytics here. Not self-hosted but privacy-friendly
       | and cookieless by design.
        
       | RileyJames wrote:
       | GA4 seems to be a big shot in the foot too. I'm sure it's
       | powerful, but by default it doesn't show me what I need to know.
       | 
       | The old GA did.
       | 
       | And now I've moved to paid, but basic products (plausible) which
       | do show me those important details, instantly. Traffic trends,
       | sources, referrers, goals.
        
       | bigwindow1 wrote:
       | I recently removed Google Analytics from my websites and set up
       | the self-hosted umami (https://umami.is/) analytics. One of the
       | best things about it is how fast it opens, while GA is so laggy.
        
         | jdthedisciple wrote:
         | Umami seems perfect! Thank you Ive been looking for something
         | good other than GA to use on my clients WP site.
        
         | djbusby wrote:
         | Can't tell from the demo - has ability to track 404s?
        
           | mcao wrote:
           | Yes, if you display a custom 404 page.
        
       | lwn wrote:
       | >> One possible technical measure that may be relevant when using
       | Google Analytics is pseudonymisation.
       | 
       | Under GDPR pseudonymisation is considered to be reversible and
       | therefor still falls within the scope of personal data. [source:
       | https://ec.europa.eu/research/participants/data/ref/h2020/gr... ]
        
         | lmkg wrote:
         | Whether it's personal data is not the issue.
         | 
         | The issue is whether _US law enforcement_ has unrestricted
         | access to the data. They are considered to have unrestricted
         | access to any data on Google 's servers (even their EU
         | servers). But if re-identification requires a piece of data
         | which only lives outside of US jurisdiction, and accessing that
         | data requires going through appropriate channels, then the data
         | is considered safeguarded.
        
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