Privacy

Spotify fined in Sweden over GDPR data access complaint

Comment

A photo of Spotify's app icon on iOS.
Image Credits: Martin Bureau (opens in a new window) / Getty Images

Music streaming giant Spotify is facing a fine of around €5 million ($5.4M) in Sweden years after it was accused of breaching the data access rights of users in the European Union by not providing full information about personal data it processes in response to individual requests.

While the size of the fine is unlikely to grab many headlines, the fact it’s finally happened is notable as further evidence of the mountain European users have to climb to get their data protection rights upheld.

The finding of a breach of Article 15 of the General Data Protection Regulation (GDPR) comes more than four years after a complaint was lodged against Spotify by the privacy rights not-for-profit, noyb. The complaint, which was filed at the start of 2019, alleged Spotify failed to provide adequate detail in response to the complainant’s subject access request (SAR).

The complaint argued the music streaming platform failed to provide all personal data requested; did not provide information on the purposes of the processing; nor on recipients; and also did not provide information on international transfers, among other allegations.

While it was originally filed in Austria the GDPR’s one-stop-shop mechanism, which is supposed to streamline case handling where data-processing crosses national borders, meant the complaint got routed to Sweden where Spotify has its main EU establishment. (Another complaint over the same issue which was filed in the Netherlands was also joined to the case in Sweden.)

The complaint then languished undecided for several years as, according to noyb, the Swedish authority undertook a parallel ex officio investigation to which the complainants weren’t party — despite the GDPR stating data controllers must respond to access requests within a month.

noyb ended up taking the Swedish data protection authority (IMY) to court over the lack of a decision. And last year it successfully challenged IMY’s position that the complainant is not a party in procedures, with the Stockholm administrative court holding that complainants have the right to request a decision after six months.

While that litigation is still ongoing (in front of a higher court) the administrative court decision last November ordering IMY to process and investigate the complaint appears to have moved the DPA to issue a decision in the meanwhile.

noyb said today that IMY ordered Spotify to finally provide the full set of data. Although it’s reserving judgement on whether the authority has done everything it asked until it can scrutinize the decision.

In a statement, Stefano Rossetti, privacy lawyer at noyb, added:

We are glad to see that the Swedish authority finally took action. It is a basic right of every user to get full information on the data that it processed about them. However, the case took more than 4 years and we had to litigate the IMY to get a decision. The Swedish authority definitely has to speed up its procedures.

We reached out to the Swedish authority with questions and it sent the below statement — confirming it identified a number of violations by Spotify pertaining to three complaints it investigated. It also described the case as “complex and comprehensive”, saying it not only looked at individual instances of how it handled data access requests but also assessed general procedures.

Here’s the statement in full:

The Swedish Authority for Privacy Protection (IMY) has investigated Spotify’s general procedures for handling access requests and have found some shortcomings related to the information that should be provided to the individual making the request pursuant to article 15.1 a-h and 15.2 of the GDPR and in relation to the description of the data in the technical logfiles provided by Spotify. IMY has issued an administrative fine of SEK 58 million against Spotify for not providing sufficiently clear information to individuals in this regard. The decision includes violations of articles 12.1, 15.1 a-d, g and 15.2 of the GDPR.

IMYs investigation has also encompassed an investigation of what has occurred in three different complaints and here IMY found that Spotify had failed in its handling of requests for access related to two of the complaints examined. The decision in this part includes violation of articles 12.1, 12.3, 15.1,15.3 and 15.1 a-h and 15.2 of the GDPR. In relation to these infringements IMY issues a reprimand.

The case has been a complex and comprehensive case where we, as explained above, have assessed both Spotify’s general procedures for handling individual access requests, as well as how Spotify has acted in a number of individual situations where we have received complaints to the authority. As Spotify has operations and users in several countries, the work has also included cooperation with other data protection authorities in the EU. This cooperation, and the requirements for similar handling across the EU, also meant that, during the course of supervision, we had to change the focus on supervision, which unfortunately delayed processing. The EU cooperation, which came with GDPR, is something relatively new to us and there is ongoing work within the EU to streamline the cooperation – something we see that there is a need for.

Spotify was also contacted for comment. A company spokesperson sent us this statement — confirming it intends to appeal:

Spotify offers all users comprehensive information about how personal data is processed. During their investigation, the Swedish DPA found only minor areas of our process they believe need improvement. However, we don’t agree with the decision and plan to file an appeal.

Five years+ after the GDPR came into application, back in May 2018, enforcement continues to be a patchwork of highly variable outcomes owing to differences of approach and process (and sometimes also resources) across the national authorities tasked with upholding Europeans’ privacy rights.

The complaint against Spotify was actually one of a series of strategic complaints by noyb against music and video platforms that sought to test the application of the law.

noyb argued structural violations of users’ GDPR data access rights were the dysfunctional norm across the eight platforms it tested — namely: Amazon, AppleMusic, DAZN, Flimmit, Netflix, Spotify, SoundCloud and YouTube — many of which it found had set up automated systems to respond to users’ SARs that did not provide all the information Europeans have a legal right to obtain.

More than four years on it’s not clear whether noyb’s earlier snapshot of systemic flouting of users’ data access rights is substantially changed or not.

In the case of Spotify, enforcement actually happening — albeit painfully slowly — does appear to have moved the needle.

noyb founder and chairman, Max Schrems, confirmed the IMY decision contains an order to Spotify to comply with access requests. He also suggested the platform has improved its system during the investigation. “We are expecting a full response now,” he said, adding: “So we need to see what they will send and if it’s enough.”

Asked whether Spotify is amending its response protocol to user data access request in light of the IMY sanction a Spotify spokeswoman told us the company has “nothing to confirm at the moment”, but added: “We are always considering and making improvements to the process to improve transparency.”

Schrems also told us noyb has seen movement on three of the other complaints; including a case being closed after the platform in question (Flimmit) fixed its processes during the procedure; a draft decision being issued by the Dutch DPA on Netflix; and DAZN reportedly close to concluding in Austria (before a court).

Beyond that the picture goes dark.

Per Schrems, half of the eight complaints noyb targeted with complaints about data access have resulted in nothing but radio silence from relevant DPAs so far. (The Irish DPA would be the lead for complaints on Apple and Google-owned YouTube; Luxembourg leads on oversight of Amazon; while SoundCloud is based in Berlin — so would likely fall under the city’s data protection commissioner.)

“The rest is still silence – after 4.5 years,” Schrems added. 

More TechCrunch

Looking Glass makes trippy-looking mixed-reality screens that make things look 3D without the need of special glasses. Today, it launches a pair of new displays, including a 16-inch mode that…

Looking Glass launches new 3D displays

Replacing Sutskever is Jakub Pachocki, OpenAI’s director of research.

Ilya Sutskever, OpenAI co-founder and longtime chief scientist, departs

Intuitive Machines made history when it became the first private company to land a spacecraft on the moon, so it makes sense to adapt that tech for Mars.

Intuitive Machines wants to help NASA return samples from Mars

As Google revamps itself for the AI era, offering AI overviews within its search results, the company is introducing a new way to filter for just text-based links. With the…

Google adds ‘Web’ search filter for showing old-school text links as AI rolls out

Blue Origin’s New Shepard rocket will take a crew to suborbital space for the first time in nearly two years later this month, the company announced on Tuesday.  The NS-25…

Blue Origin to resume crewed New Shepard launches on May 19

This will enable developers to use the on-device model to power their own AI features.

Google is building its Gemini Nano AI model into Chrome on the desktop

It ran 110 minutes, but Google managed to reference AI a whopping 121 times during Google I/O 2024 (by its own count). CEO Sundar Pichai referenced the figure to wrap…

Google mentioned ‘AI’ 120+ times during its I/O keynote

Firebase Genkit is an open source framework that enables developers to quickly build AI into new and existing applications.

Google launches Firebase Genkit, a new open source framework for building AI-powered apps

In the coming months, Google says it will open up the Gemini Nano model to more developers.

Patreon and Grammarly are already experimenting with Gemini Nano, says Google

As part of the update, Reddit also launched a dedicated AMA tab within the web post composer.

Reddit introduces new tools for ‘Ask Me Anything,’ its Q&A feature

Here are quick hits of the biggest news from the keynote as they are announced.

Google I/O 2024: Here’s everything Google just announced

LearnLM is already powering features across Google products, including in YouTube, Google’s Gemini apps, Google Search and Google Classroom.

LearnLM is Google’s new family of AI models for education

The official launch comes almost a year after YouTube began experimenting with AI-generated quizzes on its mobile app. 

Google is bringing AI-generated quizzes to academic videos on YouTube

Around 550 employees across autonomous vehicle company Motional have been laid off, according to information taken from WARN notice filings and sources at the company.  Earlier this week, TechCrunch reported…

Motional cut about 550 employees, around 40%, in recent restructuring, sources say

The keynote kicks off at 10 a.m. PT on Tuesday and will offer glimpses into the latest versions of Android, Wear OS and Android TV.

Google I/O 2024: Watch all of the AI, Android reveals

Google Play has a new discovery feature for apps, new ways to acquire users, updates to Play Points, and other enhancements to developer-facing tools.

Google Play preps a new full-screen app discovery feature and adds more developer tools

Soon, Android users will be able to drag and drop AI-generated images directly into their Gmail, Google Messages and other apps.

Gemini on Android becomes more capable and works with Gmail, Messages, YouTube and more

Veo can capture different visual and cinematic styles, including shots of landscapes and timelapses, and make edits and adjustments to already-generated footage.

Google Veo, a serious swing at AI-generated video, debuts at Google I/O 2024

In addition to the body of the emails themselves, the feature will also be able to analyze attachments, like PDFs.

Gemini comes to Gmail to summarize, draft emails, and more

The summaries are created based on Gemini’s analysis of insights from Google Maps’ community of more than 300 million contributors.

Google is bringing Gemini capabilities to Google Maps Platform

Google says that over 100,000 developers already tried the service.

Project IDX, Google’s next-gen IDE, is now in open beta

The system effectively listens for “conversation patterns commonly associated with scams” in-real time. 

Google will use Gemini to detect scams during calls

The standard Gemma models were only available in 2 billion and 7 billion parameter versions, making this quite a step up.

Google announces Gemma 2, a 27B-parameter version of its open model, launching in June

This is a great example of a company using generative AI to open its software to more users.

Google TalkBack will use Gemini to describe images for blind people

Google’s Circle to Search feature will now be able to solve more complex problems across psychics and math word problems. 

Circle to Search is now a better homework helper

People can now search using a video they upload combined with a text query to get an AI overview of the answers they need.

Google experiments with using video to search, thanks to Gemini AI

A search results page based on generative AI as its ranking mechanism will have wide-reaching consequences for online publishers.

Google will soon start using GenAI to organize some search results pages

Google has built a custom Gemini model for search to combine real-time information, Google’s ranking, long context and multimodal features.

Google is adding more AI to its search results

At its Google I/O developer conference, Google on Tuesday announced the next generation of its Tensor Processing Units (TPU) AI chips.

Google’s next-gen TPUs promise a 4.7x performance boost

Google is upgrading Gemini, its AI-powered chatbot, with features aimed at making the experience more ambient and contextually useful.

Google’s Gemini updates: How Project Astra is powering some of I/O’s big reveals