UK: Google's Street View does not breach the Data Protection Act

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Deutsch: [GB: Googles Street View verstößt nicht gegen das Datenschutzgesetz | http://www.unwatched.org/node/1391]

In response to a complaint filed by Privacy International, the UK Data
Protection Authority, Information Commissioner’s Office, found Google’s
Street View service clear of any breach of the Data Protection Act, as
revealed in a public statement on 23 April 2009.

After the service was introduced in UK on 20 March 2009, Privacy
International filed a complaint against Google arguing that the company
needed the consent of the communities it was photographing, before setting
up Street View system. Also, on 3 April the residents of Broughton,
Buckinghamshire, made a barricade to prevent the Google car from entering
their village because they considered that images presented by Street View
could easily be used by burglers, thus facilitating their actions.

Privacy International complained by the fact that Google had not performed
safeguards to the technology to the extent promised and that the service had
created numerous instances of embarrassment and distress for citizens. “We
also believe that the technology has created substantial threat to a number
of individuals and that the extent of intrusion into the homes of some
complainants is unlawful. In such cases, Google should have acquired consent
from individuals before images were captured,” said the complaint.

The ICO ruled against Privacy International’s action. “It is important to
highlight that putting images of people on Google Street View is very
unlikely to formally breach the Data Protection Act,” stated David Evans,
the Senior Data Protection Practice Manager of the ICO adding: “Watch the TV
news any day this week and you will see people walking past reporters in the
street. Some football fans’ faces will be captured on Match of the Day and
local news programmes this weekend – without their consent, but perfectly
legally.”

While acknowledging having received numerous complaints from people who have
found their image on Google Street View, ICO considers however that the
removal of an entire service would be “disproportionate to the relatively
small risk of privacy detriment”.

The ICO has expressed satisfaction for Google having put in place adequate
safeguards to minimise the risks to the individuals’ privacy and safety and
stated it would be watching closely so that Google should continue to
respond quickly to complaints and deletion requests. “As a regulator we take
a pragmatic and common sense approach. Any images of people’s faces or
number plates should be blurred. We emphasised the importance of blurring
these images to protect people’s privacy and limit privacy intrusion. Google
must respond quickly to deletion requests and complaints, as it is doing at
the moment. We will be watching closely to make sure this continues to be
achieved in practice,” said Evans.

Privacy International had a very strong reaction to ICO’s ruling. Its
director Simon Davies declared for The Times that ICO “has entirely
misrepresented Privacy
International’s concerns and complaint. We never sought the shutdown of
Google Street View, as this ruling implies. We wanted to get Google to focus
on the technological solutions and to get the commissioner to uphold the
principles behind the law. Instead, he has sacrificed principles for
pragmatism, an approach we believe has already been responsible for many of
the privacy invasions in Britain.”

Davis considers there are dysfunctions in the Commission’s handling
complaints and technological advice would be necessary. Therefore, Privacy
International is “for the creation of a technological advice office, and for
greater rigour to be applied to the ICO’s relations with companies and
government.”

Davis also expects a different reaction from Christopher Graham, director
general of the Advertising Standards Authority, who is expected to become
the next UK Information Commissioner after Richard Thomas, the present ICO,
retires on 30 June. “We challenge the incoming commissioner to find the
courage to defend the legal principle of privacy and thus restore public
trust in his office,” he said.

Street View ruling angers privacy campaigners (23.04.2009)
http://technology.timesonline.co.uk/tol/news/tech_and_web/the_web/article6154092.ece

Google wins battle with British weather to launch Street View in UK
(20.03.2009)
http://technology.timesonline.co.uk/tol/news/tech_and_web/article5938017.ece

PI files complaint about Google Street View (23.03.2009)
http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-564039

Privacy International slams ICO ruling on Google Street View (24.04.2009)
http://www.computerweekly.com/Articles/2009/04/24/235779/privacy-international-slams-ico-ruling-on-google-street.htm

PI calls for review of UK privacy regulator following series of failed
judgements (23.04.2009)
http://www.privacyinternational.org/article.shtml?cmd[347]=x-347-564402

EDRIgram: Privacy complaints related to Google’s Street View (16.07.2008)
http://www.edri.org/edrigram/number6.14/privacy-street-view