The Information Commissioner's Office (ICO) has criticised an announcement by Google that from 16 February 2025, it will no longer prohibit customers who use its advertising products from employing fingerprinting techniques.
Fingerprinting involves collecting data about a particular device's hardware and software configurations, which, when combined, provide a unique identification of both the device and its user. The ICO expressed serious concerns that this method of tracking is more difficult for users to erase compared to traditional advertising cookies, thus enabling advertisers to identify users without explicit consent.
The ICO deemed Google's decision "irresponsible," particularly given the company's previous statements. In 2019, Google said: "Unlike cookies, users cannot clear their fingerprint, and therefore cannot control how their information is collected. We think this subverts user choice and is wrong."
The ICO said it would continue discussions with Google about the U-turn and its "expectation of a privacy-friendly internet."
Alongside the statement, the ICO has reiterated businesses of their existing responsibilities under the Privacy and Electronic Communications Regulations (PECR). Under PECR, companies must obtain users' consent and provide clear choices regarding tracking before implementing fingerprinting technologies. The ICO stressed that businesses should not view fingerprinting as an easy alternative to third-party cookies in the evolving digital advertising landscape.
In addition, the ICO has also released new draft guidance on the use of storage and access technologies, including cookies, tracking pixels, link decoration and navigational tracking, local storage, web storage, device fingerprinting, and scripts and tags. A public consultation on the guidance will open on 20 December 2024 and run until 14 March 2025.
Further details on the ICO's strategy for enhancing user control over personal data will be shared in the upcoming year.
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