Google-Fitbit Merger: Amnesty International Demands Human Rights Focus

The international human rights organization, Amnesty International, has formally requested that the European Union’s competition authority prevent Google from completing its acquisition of Fitbit – unless robust protective measures are implemented.

The technology corporation initially announced its intention to purchase Fitbit for $2.1 billion a year ago, but has not yet received the necessary regulatory approval from the European Union.

In a communication to Margrethe Vestager, the head of the EU’s competition division, Amnesty International states: “The commission must guarantee that the merger will not proceed unless both companies can demonstrate they have sufficiently considered potential human rights risks and established strong, effective safeguards to prevent and lessen these risks going forward.”

The organization’s letter also supports a previous appeal from a group of civil society organizations, which called for “minimum remedies” that regulators should enforce before granting approval for the merger.

Last year, Amnesty International published a report criticizing the business practices of both Google and Facebook, asserting that these “surveillance giants” facilitate human rights violations “on a widespread basis.”

Amnesty International now expresses concern that Google’s business model creates an incentive to combine and analyze data from its various platforms.

“Google’s operational model encourages the company to continually gather more information about a greater number of individuals, both online and in the real world. The proposed merger with Fitbit exemplifies this strategy of expanding data collection, allowing the company to extend its reach into the health and wearable technology sectors,” the letter explains. “The extensive scope of Google’s business model’s intrusion into our personal lives represents an unprecedented challenge to our privacy, and fundamentally compromises the concept of privacy itself.”

We contacted the commission and Google for comment regarding Amnesty International’s letter. Update: A representative from the commission confirmed receipt of the letter and stated a response will be provided shortly. Update 2: Google declined to provide a statement, but directed attention to a blog post published in August, which characterized the deal as being “about devices, not data” and affirmed its collaboration with the Commission “to address consumer expectations regarding wearable devices”.

The EU’s regulatory review of Google’s plan to acquire Fitbit and its associated health data has been ongoing due to competition-related concerns. In August, Vestager initiated a thorough investigation to ensure the deal would not negatively impact competition by strengthening Google’s position in the online advertising market.

The commission has also raised concerns about the possibility of Google restricting access to its Android mobile ecosystem for other wearable device manufacturers.

However, the concerns surrounding Google’s acquisition of Fitbit extend beyond potential market dominance.

Allowing sensitive health information to be controlled by an advertising company presents a significant privacy risk.

Amnesty International is the latest organization to advocate for blocking the merger, joining privacy advocacy groups and the EU’s own data protection advisor in warning against granting the tech giant access to sensitive health data.

Google has offered several concessions in an attempt to secure approval, including a commitment not to utilize Fitbit data for advertising purposes and a guarantee of continued support for other wearable manufacturers operating on the Android platform. However, the commission has been scrutinizing the acquisition closely rather than quickly approving it.

In its letter, Amnesty International contends that the “safeguards” proposed by Google are insufficient.

“The company’s historical approach to privacy further underscores the need for stringent safeguards,” it asserts, citing instances such as Google’s integration of data from its advertising network, DoubleClick, with personal data collected from its other services.

“The European Data Protection Board has acknowledged the risks associated with the merger, stating that the “combination and accumulation of sensitive personal data” by Google could pose a “high level of risk” to the rights to privacy and data protection,” it adds.

Beyond compromising individual privacy, Amnesty International argues that Google’s use of algorithms and personal data to create user profiles and predict behavior undermines the fundamental principle of equal access to human rights.

“This risk is amplified when profiling is applied in areas impacting people’s economic, social, and cultural rights, such as healthcare, where individuals may experience unequal treatment based on predictions about their health. This must be considered in the context of health and fitness data,” the organization suggests.

“The power of these platforms has not only worsened and magnified their impact on rights but has also created a situation where it is challenging to hold these companies accountable or for those affected to obtain effective redress,” Amnesty International adds, noting that despite numerous regulatory actions worldwide, no measures have yet succeeded in altering the core principles of the surveillance-based business model.

The commission has maintained a deliberate pace in evaluating the matter.

Multiple extensions suggest a final decision on the Google-Fitbit merger may not be reached until early 2021, although a meeting of the bloc’s national competition authorities is scheduled for early December, potentially leading to a decision before the year’s end.

Under EU merger regulations, the commission college makes the ultimate decision, giving significant consideration to the opinion of the member states’ advisory committee, although this opinion is not legally binding.

Ultimately, the decision of whether to approve the Google-Fitbit merger rests with Brussels.

In recent years, competition chief Vestager, who also serves as EVP for the commission’s digital strategy, has expressed a preference for stricter regulation as a means of ensuring compliance with EU rules, rather than blocking market access or imposing outright bans.

She has also opposed breaking up tech giants, advocating instead for controls on how they utilize data to promote fairer digital markets.

To date, the commission has not blocked any mergers involving technology or digital companies (although it intervened in 2016 to prevent Hutchison’s acquisition of Telefonica UK in the telecommunications sector), but it is mindful of its reputation following instances of misleading filings from large tech companies.

Concurrently, EU legislators are developing a proposal for ex ante regulations to address competition concerns in digital markets, which would impose specific rules and obligations on dominant players like Google – particularly in areas related to data usage and access.

This plan is expected to be unveiled early next month, adding another factor that may contribute to delays in the commission’s decision regarding the Google-Fitbit merger.