Google Glass Sounds Exciting — But What About Privacy?

by Ifrah PLLC
Contact

Beta testing is underway for Google Glass, a new technology that provides the functionality of a smartphone in a headset worn like glasses. Much like a smartphone, the Glass headset is able to exchange messages with other mobile devices, take pictures, record videos, and access search engines to respond to user queries. But unlike a smartphone, the device’s optical head-mounted display, voice recognition, and front-facing camera give users hands-free access to its features, including the ability to capture photographs and video recordings of the world in front of them.

For now, Glass is only available to developers and a small group of test users known as Google Explorers. The device is expected to go on sale to the public in 2014. In the meantime, public speculation swells, and the blogosphere is full of conflicting reports about what the device can and cannot do. Some suggest that the device will utilize facial recognition and eye-tracking software to show icons and statistics above people whom the user recognizes. A more common concern is that the device will be able to photograph and record what the user sees and then share that data with third parties without permission from the user or those whose likenesses are being captured.

Because of this lack of clarity, lawmakers around the world are urging Google to affirmatively address the myriad of privacy concerns raised by this new technology. Last month, an international group of privacy regulators – including representatives from Australia, Canada, Israel, Mexico, New Zealand, Switzerland, and a European Commission panel – signed off on a letter to Google’s CEO Larry Page asking for more information regarding the company’s plans to ensure compliance with their data protection laws.

Here in the United States, the House Bipartisan Privacy Caucus issued a similar letter of its own. In addition to a variety of questions regarding the device’s capabilities, the letters reference some of Google’s recent data privacy mishaps and ask whether Google intends to take proactive steps to ensure the protection of user and nonuser privacy.

Google’s Vice President of Public Policy and Governmental Relations (and former New York Congresswoman) Susan Molinari issued a formal response to the House Bipartisan Privacy Caucus. According to Molinari, Google “recognize[s] that new technology is going to bring up new types of questions, so [they] have been thinking carefully about how [they] design Glass from its inception.”

To address concerns about the picture and video capabilities, Molinari highlighted several features designed to “give users control” and “help other people understand what Glass users are doing.” For example, specific user commands are required to search the Internet or find directions, and the user must either press a button on the arm of the Glass or say “Take a photo” or “Record a video” in order to access those features.

Molinari’s letter plainly states that Google’s privacy policies will not change for Glass. Instead, Glass will be governed by the terms of the Google’s current privacy policy. However, the company has created policies for developers making Glass apps, also known as “Glassware.” For example, developers will not be allowed to incorporate facial recognition into their Glassware, and they are prohibited from disabling or turning off the display when using the camera. Glassware developers must also agree to terms of service for Glass’s application programming interfaces (APIs) and have and follow their own privacy policies. We are carefully observing Google’s actions to ensure that they are in keeping with Google’s promises, and we encourage all Glassware developers, as well, to comply with Google’s policies.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ifrah PLLC | Attorney Advertising

Written by:

Ifrah PLLC
Contact
more
less

Ifrah PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.