Feds consider Google StreetView prosecution

James Riley
Wednesday, 03 November 2010 13:09

IT Policy - Government Tech Policy

Google Australia remains a prosecution target of federal investigators over its systematic and unauthorised collection of personal data through its fleet of Street View cars, with the Australian Federal Police currently assessing advice on possible breaches of Commonwealth criminal law.

 

The AFP says it has received interim legal advice from Senior Counsel and is evaluating the issue in relation to a variety of federal laws, including the Telecommunications (Interception and Access) Act 1979 and the Criminal Code Act 1995, as well as various State relevant surveillance devices Acts.

 

Google Australia has also received specific notification from the Australian Privacy Foundation - the chief privacy lobby in this country - that it may initiate its own legal action against the company under the Telecommunications (Interception and Access) Act 1979, should the AFP decide not to prosecute.

The Federal Police investigation relates to the admission by Google in May that it had collected "payload data" - including whole emails, bank account details and passwords of Australians - through its StreetView cars as it was collected data on WiFi networks throughout the country.

The company says the payload data was collected inadvertently and that it never intended to use the data for any purpose. It has subsequently apologised for the "mistake."

The company admitted it had collected personal information across the world in markets where its StreetView cars were in operation. The breach has been under investigation in various jurisdictions ever since.

A Federal Police spokesperson told iTWire although the AFP had "received interim legal advice from Senior Counsel and is currently that advice," the investigation was ongoing and that the police were working with the Privacy Commissioner and the Attorney Generals' department on resolving the issue.

A decision on whether it will prosecute Google Australia or any of its corporate officers under Australian law "may be protracted due to the complex nature of these types of matters," the spokesperson said.

Google Australia declined to comment on the Street View data collection breach in any way except to say the company continued to talk to appropriate authorities and to answer any questions they have.

The company entered a privacy undertaking with the Office of the Australian Privacy Commissioner in July, under which it committed to publishing an apology to the Australian people - which it did via a blog post - and to undertake a Privacy Impact Assessment.

Recently-appointed Australian Privacy Commissioner Timothy Pilgrim says his office has no power to apply any punitive measures against Google Australia. He says reforms to the Privacy Act that are currently before the Parliament will enable the Commissioner to impose enforcement penalties.

Under the current system, Mr Pilgrim said the Privacy Commissioner can't enforce any penalty unless he receives a complaint from an individual - with a specific example of where their privacy has been breached.

He said the Office of the Privacy Commissioner had so far received no complaints related to the Google StreetView collection of personal data.