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Summary:

As Google tries to extricate itself from the privacy furor over personal data collected from Wi-Fi networks by its Street View cars, the company says it has hit a roadblock that prevents it from complying with authorities who want the data turned over to them.

As Google tries to extricate itself from the privacy furor over personal data being collected from Wi-Fi networks by its Street View cars, the company says it’s hit a roadblock that prevents it from complying with authorities who want the data turned over to them. According to a statement the company made to the New York Times, it’s refusing to give German authorities the hard drives that contain personal data collected (inadvertently, Google says) from that country’s residents over open wireless networks because doing so would breach the same German privacy rules that were broken by the initial data collection itself. In a statement, a Google spokesman in London named Peter Barron said:

As granting access to payload data creates legal challenges in Germany which we need to review, we are continuing to discuss the appropriate legal and logistical process for making the data available. We hope, given more time, to be able to resolve this difficult issue.

Google admitted recently that it had been accidentally collecting data from open Wi-Fi networks that were passed by its Street View cars. Although the company originally said that no personally identifiable information had been accumulated in this manner, it later admitted that this was not true, and that some emails and other data might have been collected as well. It then pledged to destroy the data, but agreed to do so in a way that would allow governments and other groups to verify that it had done so properly.

The company has subsequently destroyed data that was collected in Denmark, Ireland and Austria, but didn’t allow authorities to see or inspect it beforehand. Several countries — including Britain, Germany, France, Spain and Italy — are instead asking Google not to destroy the data collected from their countries, so that it can be used in potential court cases against the company (Street View has been a contentious program in Europe even before the recent privacy issues over wireless data). Meanwhile, German authorities say they’re contemplating laying charges against the search provider for its behavior, and the chairman of the U.S. Federal Trade Commission told Congress last week that he’s also looking into whether the regulator should take action in the case.

Some privacy advocates say the company’s refusal to allow authorities to see the data it collected raises questions about whether it did so accidentally, and just how much personal data was collected. Simon Davies, director of London-based Privacy International, told the New York Times that “if the company is fighting this so hard, it suggests there is more to this than meets the eye. The real question is: What was Google collecting from unwitting individuals and why? So far, nobody really knows.”

Related content from GigaOM Pro (sub req’d): As Cloud Computing Goes International, Whose Laws Matter?

  1. Google collects our private data, without our consent, and they are in a Catch 22?

    Then we are in 1984.

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  2. Google is so completely full of B.S. on this one… Hamburg’s data protection supervisor Johannes Caspar AND the German state prosecutor Lutz von Selle, both assured the company that compliance with the German request to turn over the data would not violate German privacy laws and would not constitute “criminal behavior.”

    Here’s how this is going to play out: Google is NOT going to turn over the data in Germany (they can’t, because the data will show that they were vacuuming up payload data intentionally, that they knew they were doing it, and that they had been doing it since 2006).

    Instead, they will try and get all of their many surrogates and front groups (Harvard Berkman Center, Stanford, EFF, Global Network Initiative, John Palfrey, Jonathan Zittrain, and the rest of Google’s apologists and flacks) to spin this ridiculous notion that turning over the private data that Google stole to “big, bad governments” is far more dangerous than Google’s hoovering up the data in the first place.

    Never mind that these governments have absolutely no interest in snooping the private data, but rather doing a forensic analysis to find out what Google knew and when they knew it.

    That’s what the company is terrified of because it will completely destroy the trust consumers have placed in the company. If they were knowingly sucking up payload data from open wifi connections (maybe not illegally, but certainly unethically), what else are they doing with all of the data we willingly hand over to them?

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    1. The story doesn’t clearly state that German officials assured Google, only that Mr. Caspar was assured.

      On what evidence do you base the claim, “…governments have absolutely no interest in snooping the private data…”?

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  3. What about the privacy rights of the citizens? Does their government ask them if it’s OK to read their WIFI payload, just to perform forensic analysis in order to find out what Google knew and when they knew it?

    I don’t believe Google will give out incriminating evidence in the form of this WIFI packets. They will do everything they can to bury this. Therefor, I am fine with Google telling me that the data has been wiped.

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  4. coolrepublica Thursday, May 27, 2010

    You would need to be a crazy German to want Google to hand over that information to the German government.

    Destroy it and everybody calls it a day. If the German people are smart, of course. But we know better don’t we?

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  5. [...] Google in Catch-22 Over Wi-Fi Data and Privacy (gigaom.com) Share/Save Category : NewsLinks [...]

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  6. [...] over the launch of the Open Graph protocol and new privacy settings, as well as Google Buzz and Google Street View, respectively, but it’s obvious that such incidents are the subtext behind Yahoo’s [...]

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  7. [...] The recommendations were made in a paper presented by the European Union’s executive body, which is responsible for proposing legislation and enacting standards for the EU and consists of a cabinet with 27 commissioners, one from every member state. The European community has been fairly hard-nosed on privacy as it applies to services like Facebook and Google’s Street View, which has been criticized for a number of reasons, and faced potential restrictions from European states even before the company admitted that its Street View cars were inadvertently capturing personal data. [...]

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