How your apps and phone could change after ACCC recommendations

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This was published 5 years ago

How your apps and phone could change after ACCC recommendations

By Tim Biggs

Australians consumers could soon become much more active participants in the collection of their data and the selection of the internet tools available on their chosen devices, with the competition watchdog laying out some recommendations in its preliminary report on digital platforms.

While the full report won't be released until next year, the Australian Competition and Consumer Commission's draft recommendations include expressly notifying users when their information is being collected, having some businesses undergo external audits, making personal data collection opt-in, and giving consumers the right to ask that their information is erased.

If these recommendations were to eventually become amendments to the Privacy Act, consumers would expect to see two general changes in the way their social network apps and other digital platforms worked.

First, collection of your personal data would become more transparent. The recommendations suggest a notification — which would be concise, intelligible and written in plain language — should accompany the collection of your data by the platform or a third party.

This doesn't necessarily address the problem that users tend to wave away warnings and notifications if they're stopping them from using the platform, but it's possible this requirement would simplify notifications so you could see at a glance if the kind of data collection proposed is in line with the benefit you get in return.

Secondly, users would get further controls over the collection of their data. When you first use an app or sign up for a service, all the options that allow your data to be collected would be set to "off", and it would be up to you to turn on the ones you want. These settings would need to explain the consequences of giving consent, and be "current and specific".

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The preliminary recommendations also include measures to address tech giants' market power, including that "suppliers of operating systems for mobile devices, computers and tablets" — i.e. Apple, Google, and Microsoft — should no longer provide a default internet browser and search engine but instead provide options. In turn, makers of browsers should provide a choice of search engines.

Windows, MacOS, iOS and Android all currently allow users to install whatever browser they like, and Edge, Safari and Chrome allow users to choose any major search engine. But the ACCC appears to believe that since the companies set the default — i.e. Safari on an iPhone or Bing in Edge — consumer choice is compromised.

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It's unclear how companies would potentially implement this recommendation. Browsing and searching are integral aspects of using a phone or computer, and on Windows and Mac the default browser is generally used to find and install a browser of choice. The companies would presumably have to create software as part of the device setup that could find and install a range of browsers.

On phones an app store is generally used to install additional browsers, so companies could potentially ship their phones in Australia without a browser installed and ask users to pick one from the store. This would create some issues however. On iPhone the Safari browser is used for some system tasks even when a different browser is installed. For Android, it's unclear whether "suppliers of operating systems" means Google in all cases or the device manufacturer — for example Samsung — which implements the software.

Since most browsers already offer the option to switch search engines, they could all presumably be made to ask users their preference when opened for the first time.

A Google spokesperson did not respond to specific recommendations but did say the company welcomed the opportunity to contribute to the ACCC's enquiry examining "important topics in relation to Australia’s changing media and advertising industry".

"We will continue to engage with the ACCC between now and the final report next year," the spokesperson said.

Apple and Microsoft declined to comment.

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