[Corp. Watch] Privacy group accuses Google of intentionally gathering private data

[Corporation Watch]

Google Accused of Criminal Intent Over StreetView Data

(BBC, June 9) -- Google is "almost certain" to face prosecution for collecting data from unsecured wi-fi networks, according to the London-based non-profit group Privacy International (PI).

	The search giant has been under scrutiny for collecting wi-fi data as part of its StreetView project. [The company claims it accidentally downloaded small amounts of traffic from people's home networks while gathering location information for its street-mapping service, due to some computer code that was unintentionally left in a computer program.]

	Google has released an independent audit of the rogue code, which it has claimed was included in the StreetView software by mistake. But PI is convinced the audit proves "criminal intent".

	"The independent audit of the Google system shows that the system used for the wi-fi collection intentionally separated out unencrypted content (personal data) of communications, and systematically wrote this data to hard drives," said PI in a statement.

	"This is equivalent to placing a [wire] tap and a [tape] recorder onto a phone wire without consent or authorization," the statement said. This would put Google at odds with the interception laws of the 30 countries that the system was used in, it added.

Scotland Yard

	"The Germans are almost certain to prosecute. Because there was intent, they have no choice but to prosecute," said Simon Davies, head of PI. In the UK, the Information Commissioner's Office has said it is reviewing the audit, but that for the time being it had no plans to pursue the matter.

	PI, however, does intend to take the case to the police. "I don't see any alternative but for us to go to Scotland Yard," said Davies.

	The revelation that Google had collected such data led the German Information Commissioner to demand it handed over a hard-disk so it could examine exactly what it had collected. It has not yet received the data and has extended the original deadline for it to be handed over.

	The Australian police have also been ordered to investigate Google for possible breach of privacy.

'Systematic failure'

	According to Google, the code that allowed data to be collected was part of an experimental wi-fi project undertaken by an unnamed engineer to improve location-based services, and was never intended to be incorporated in the software for StreetView.

	"As we have said before, this was a mistake," said a Google spokesman. "The report today confirms that Google did indeed collect and store [personal] data from unencrypted wi-fi networks, but not from networks that were encrypted. We are continuing to work with the relevant authorities to respond to their questions and concerns."

	"This was a failure of communication between and within teams," he added.

	But PI disputes this explanation. "The idea that this was a work of a lone engineer doesn't add up," said Davies. "This is complex code, and it must have been given a budget and been overseen [by more senior people at the company]. Google has asserted that all its projects are rigorously checked."

	"It goes to the heart of a systematic failure of management, and of duty of care," he added.