Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

by Ifrah PLLC
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Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from unsecured wireless networks while Google was engaged in its Street View mapping project. Full text of the settlement is available here.

Google used special vehicles to create the pictures that are seen on Google Street View. Google tried to improve its location services by identifying wireless Internet signals that could provide reference points on the map. In the process, the vehicles collected network identification information, as well as data, from unsecured wireless networks.

Google has stated that the collection of any personal information from the wireless networks was unintentional and that the information was never used or looked at. The company has agreed to destroy the personal data that it collected. Google will also be required to pay a $7 million fine as part of the settlement.

As part of the settlement, Google also agreed to launch a new internal privacy education program. The settlement requires Google to hold an annual privacy week event for its employees and to make privacy education available for select employees. Additionally, it must provide refresher training for its lawyers that oversee new products.

The settlement also requires Google to educate the public on privacy. Google will be required to create a video for YouTube explaining how people can easily encrypt data on their wireless networks and run an ad online every day for two years promoting it. It must also run educational ads in the biggest newspapers in the 38 participating states. Google will have to submit data to the state attorneys general to show that it is in compliance with the requirements of the settlement.

The Connecticut Attorney General’s office led an eight-state committee that investigated the data collection and led to this settlement. Connecticut Attorney General George Jespen said in a statement, “Consumers have a reasonable expectation of privacy. This agreement recognizes those rights and ensures that Google will not use similar tactics in the future to collect personal information without permission from unsuspecting consumers.”

This is another example of states taking a more aggressive approach to protecting consumer privacy rights when the federal government does not. The Federal Trade Commission investigated this activity by Google but closed its case without a fine. The Federal Communications Commission also investigated, and issued a $25,000 fine, but that fine was largely for Google allegedly hindering the investigation. Companies that do business on the Internet should be aware that states will continue to enforce privacy laws. Companies must make sure that they do not unintentionally collect unnecessary sensitive information in the course of their business activities.

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.

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