Alphabet's audited description of consumer profiling techniques provided to the EDPB, under Article 15 DMA
Dear colleagues,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I request the following document:
The Consumer Profiling Report submitted by Alphabet pursuant to Article 15(1) of the Digital Markets Act.
The document was sent to the EDPB by DG Connect and DG Competition on 22 March 2024, and the EDPB's report on it was discussed at agenda point B.2.1 of the EDPB 4 November meeting .
The document is also mentioned in your reply to the FOI request at https://www.asktheeu.org/en/request/audi....
The concept of openness, enshrined in EU Law in the Amsterdam Treaty and confirmed in the Treaty of Lisbon, must apply to the profiling of consumers.There is a clear and overriding public interest in disclosure of this Consumer Profiling Report. That interest is recognised in the role envisaged for civil society in the DMA's provision on an implementing act on consumer profiling reports at in Article 46(1)(g) and Recital 72. Therefore, I request the fullest access to this document.
Your faithfully,
Johnny Ryan
Dear Sir/Madam,
Thank you for your message and for your interest in data protection.
We will look into your request and get back to you within due time.
Kind regards,
The EDPB Secretariat
Dear correspondent,
Many thanks for your email.
We received yesterday, in addition to your request, an answer to our fair solution proposal, where one of the categories of documents identified was the Alphabet report.
Given the synchronicity of this request and of the fair solution we agreed upon with the other applicant and given that you referred to the fair solution proposal, we wonder if you and the other applicant aren't from the same organisation - in which case, that would be an attempt to circumvent the fair solution we agreed. In the affirmative, we kindly ask that you and the other applicant choose which of the two requests we should process and which should be withdrawn.
Please note that this request will be considered closed if no reply is received within 15 working days.
Please also note that exceptionally we accept that yesterday you made two access to documents requests.
Thank you for your cooperation.
Kind regards,
EDPB Secretariat