Canada: Google gets a free pass
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Several times, when I’ve been writing about the latest crap Google, or Fa$ebook, or Hollywood, the Big 4 labels — the line forms on the right, babe — have gotten away with (again) I’ve asked, ‘What time’s the next rocket to Mars?’
Who wants to live on a planet where bullshit, deceit, lies and dirty dealings are the accepted standards: tools of the trade? Who wants their children to grow up in it?
Canadian privacy commissioner Jennifer Stoddart, someone I’ve always admired and respected, has let arch data villain Google off with a slap on the wrist after her investigators concluded its data scooping activities, which went on for three years undetected, were accidental.
Accidental? They didn’t know about it? But whether that’s true or not, no worries. Immediately, and publicly, destroy all the hard drives with all the user data — all of it.
Never happen. In fact, Stoddart appears to have effectively given Google — the master of ‘Don’t ask, just take’ — a free pass.
If the Canadian information it collected, “cannot immediately be deleted”, it “needs to be secured and access to it must be restricted”, she said sternly.
Restricted? To whom? And who decides who sees what? And for how long? And who’s going to make sure the ‘restrictions’ are adhered to? And what happens if they’re not?
The lamescream media are reporting Stoddart’s statement as though it represents some kind of victory. But it doesn’t. It’s an abrogation of responsibility.
“This incident was a serious violation of Canadians’ privacy rights” she admits. It was? Then make it crystal clear to Google it isn’t getting away with it. Not in Canada, anyway.
The sentence in the intro is part of a rant attributed to the late Hunter S. Thompson. He was talking about the music industry, but it applies equally well to the worlds of politics, advertising, enforcement. You name it.
Google’s Larry Page, Sergey Brin and Eric Schmidt must be patting themselves heartily on the back for once again having successfully wriggled out of a tight spot.
Jon Newton – p2pnet
slap on the wrist – Google Street View broke privacy law, October 20, 2010
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October 20th, 2010 at 10:47 am
I don’t know why they aren’t touching it. But, then again, the government gives PrivCom ZERO authority to do anything, except to go court if they don’t comply with a ruling.
Meanwhile, as stated in the previous topic you wrote, rights have been trampled on. Quebec’s charter of rights has been laughed at as if their charter of rights (which includes the right to privacy and secrecy) doesn’t exist.
The average person can’t afford a lawyer.
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http://www.cdpdj.qc.ca/en/commun/docs/charter.pdf
Respect for private life.
5. Every person has a right to respect for his private life.
1975, c. 6, s. 5.
Peaceful enjoyment of property.
6. Every person has a right to the peaceful enjoyment and free disposition of his property, except to the
extent provided by law.
1975, c. 6, s. 6.
Home inviolable.
7. A person’s home is inviolable.
1975, c. 6, s. 7.
Respect for private property.
8. No one may enter upon the property of another or take anything therefrom without his express or
implied consent.
1975, c. 6, s. 8.
Right to secrecy.
9. Every person has a right to non-disclosure of confidential information.
Disclosure of confidential information.
CHAPTER V
SPECIAL AND INTERPRETATIVE PROVISIONS
Recourse of victim for unlawful interference.
49. Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to
obtain the cessation of such interference and compensation for the moral or material prejudice resulting
therefrom.
Punitive damages.
In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of
it to punitive damages.
1975, c. 6, s. 49; 1999, c. 40, s. 46.
Rights guaranteed.
50.1. The rights and freedoms set forth in this Charter are guaranteed equally to women and men.
2008, c. 15, s. 2.
It goes on to speak of human rights (of which privacy and secrecy are a part of)
The above provincial charter is in addition to the federal charter, rights, privacy act.
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If no one is willing to test to see if Quebec is upholding the principles of the charter, or if no legal entity challenges it, then I question the enforceability of the Quebec charter as a whole.
It’s not to punish google, it’s to make sure this never happens again and to make that message clear that people have rights that trump some commercial entity putting product and profit before people first.
Now to figure out how to contact this commission. Help appreciated.
October 20th, 2010 at 9:01 pm
Jon, sometimes people in Ms. Stoddart’s position have to ease off – compromise you might say – for the greater good. I think this is what happened here. She is leaving doors open.
October 20th, 2010 at 9:30 pm
^^ I still respect Stoddart and I admire the stands she’s taken in the past.
I think she should have taken a hard stand this time and that by not doing so, she hasn’t left doors open: she’s closed them.
Cheers!