Dear Ms Madeley
I have contacted Google Ireland Limited via the form provided.
It is my view that if they will not restore my channel then they must have me blacklisted
and therefore data as to the reason for the blacklisting must exist
and therefore I am entitled to know it.
Thank you
Yours sincerely
Anthony Miller
20 November 2020
Case Reference: IC-51361-J1B3
Dear Anthony Miller,
Thank you for contacting the Information Commissioner’s Office (‘ICO’) regarding the way Google Ireland Limited ('Google'), trading as YouTube, has handled your personal data. This case has now been assigned the following case reference number IC-51361-J1B3 and allocated to me, a Case Officer at the ICO. My details can be found at the bottom of this correspondence.
We apologise for the delay in our response. We are currently receiving large volumes of concerns which have meant that we have been unable to deal with incoming correspondence as promptly as we would like.
The ICO’s role
Our role is to ensure that organisations follow the data protection legislation properly. If things go wrong we will provide advice and ask the organisation to try to put things right. Our overall aim is to improve the way organisations handle personal information.
The law says we must investigate data protection complaints to an appropriate extent. We will put most of our effort into dealing with matters we think give us the best opportunity to make a significant difference to an organisation’s information rights practices.
Depending on the circumstances, we will decide whether or not to take action against the organisation and what form our action will take. We do this by taking an overview of all concerns that are raised about that organisation with a view to improving their compliance with the data protection framework. Our decision will not affect your ability to enforce your rights through the courts.
Your concern
As we understand it, you are concerned that YouTube has removed your channel and the content you had uploaded. You are dissatisfied that Google has not responded to your request for the data associated with your YouTube channel. We appreciate the effect that this matter may have had upon you as an individual.
Next steps
The ICO understands that you would like Google to provide you access to your data associated with your YouTube account. We would therefore like to explain that under Article 15 of the General Data Protection Regulation (‘GDPR’) individuals are entitled to request a copy of their personal data and other supplementary information. This right however only extends to the ‘personal data’ for which the organisation exercises control over and therefore may exclude any information which you or any other user has uploaded to the YouTube platform. Rather you will only be entitled to data being processed by Google itself and that information must identify yourself either directly or indirectly. This may include location data, your usage and device information.
Whilst conducting our initial checks in relation to your complaint we reviewed Google’s privacy policy, which you can find here:
https://policies.google.com/privacy
In doing so we noted you can access and review your personal data by following the link to ‘submit a data access request’ on the following page:
https://support.google.com/policies/answer/9581826?visit_id637413891907701514-2250150204&rd=1
It is not clear whether the fact that YouTube removed your channel will impact this process, however you can contact Google’s data protection officer to check this or to make a request for copies of your personal data directly. You can do this using the following online form:
https://support.google.com/policies/contact/general_privacy_form
We
should advise you that Google Ireland Limited is the entity responsible
for processing your data at this time. This is important to note as we
understand that you have addressed your complaint to Google LLC. In
light of this, we advise that you redirect your request to Google
Ireland Limited. You can do this by utilising the links provided above.
Once
Google has received a request of this nature, also known as a subject
access request (‘SAR’), the organisation is afforded one calendar month
to issue an ‘appropriate’ response. This may include a request for
further information to verify your identity as the requestor, a
disclosure of data, or a refusal to progress the request.
In the event that Google does not respond, or you remain dissatisfied with its response, please feel free to contact this office. In doing so, please note that we will require you to provide us with the following:
- A copy of your request for copies of your personal data sent to Google;
- In the event that Google does not respond to you within one calendar month of your complaint, please forward a copy of your correspondence chasing a response;
- A copy of Google’s response to your complaint and chaser. If no correspondence is received from the organisation, please confirm that you have afforded it a period of two weeks to respond to your chaser; and
- Any additional correspondence exchanged between yourself and Google about this matter.
Once
we have received the above information we will be in touch once again
to discuss the next stage of this data protection concern. However, in
the meantime, we ask that you read the section below to understand how
we may progress this matter.
How we handle international cases
The
ICO would like to explain that as Google’s main establishment within
Europe is located in Ireland, this matter would fall under the Irish
supervisory authority: the Data Protection Commission.
Under
Article 77 of the GDPR, an individual is entitled to lodge a complaint
with a supervisory authority (e.g. the ICO), in particular in the member
state in which they live, work or where a data controller has its main
establishment. Therefore, we can refer your complaint to the supervisory
authority in which the organisation’s main establishment is based.
This
will require us to pass your personal data to other supervisory
authorities in order to investigate your complaint. The system which we
will use to refer your complaint is called the Internal Market
Information System (‘IMI System’). For further information please follow
the link below:
https://www.gov.uk/guidance/eu-internal-market-information-system
Complaints
that require referral may take a longer period of time to investigate
by other supervisory authorities than with complaints submitted about
organisations who are based in the UK. However, we will endeavour to
keep you updated where possible.
Alternatively, you do have the
option to contact the supervisory authority named above directly and
raise your complaint with them if you so wish. To contact the Data
Protection Commission directly, please visit its website here:
https://www.dataprotection.ie/
However,
if you are happy for us to proceed with your complaint (using the IMI
system) and to provide your personal data to the other supervisory
authority in order to conduct their investigation then please respond to
this correspondence confirming this.
Should
you wish to discuss this case any further, or require any
clarification, please do not hesitate to contact me. If you are
responding via email, you can forward your response to our icocasework@ico.org.uk email address with the case reference ‘IC-51361-J1B3’ in the subject line.
Yours sincerely,
Claire Madeley
Case Officer
Information Commissioner’s Office
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
T. 0330 414 6338 F. 01625 524510 ico.org.uk twitter.com/iconews
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For information about what we do with personal data see our privacy notice at www.ico.org.uk/privacy-notice
Feedback about our service: If you are dissatisfied with the way your case has been handled, you can ask to have it reviewed. Please note that we do not usually accept a request for a case review more than three months after the closure of a case. For more information please refer to our website https://ico.org.uk/concerns/complaints-and-compliments-about-us/
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