The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Monday, November 28, 2005

NYTimes editorial on Google and privacy 

Google has been the target of a number of privacy critics, most likely because of the huge amount of information it is privy to and the lack of transparency about how much of it is kept in a personally identifiable state and for how long. An editorial in today's New York Times calls for a "privacy upgrade" at Google.

Here's a snippet:

What Google Should Roll Out Next: A Privacy Upgrade - New York Times:

The biggest area where Google's principles are likely to conflict is privacy. Google has been aggressive about collecting information about its users' activities online. It stores their search data, possibly forever, and puts "cookies" on their computers that make it possible to track those searches in a personally identifiable way - cookies that do not expire until 2038. Its e-mail system, Gmail, scans the content of e-mail messages so relevant ads can be posted. Google's written privacy policy reserves the right to pool what it learns about users from their searches with what it learns from their e-mail messages, though Google says it won't do so. It also warns that users' personal information may be processed on computers located in other countries.

The government can gain access to Google's data storehouse simply by presenting a valid warrant or subpoena. Under the Patriot Act, Google may not be able to tell users when it hands over their searches or e-mail messages. If the federal government announced plans to directly collect the sort of data Google does, there would be an uproar - in fact there was in 2003, when the Pentagon announced its Total Information Awareness program, which was quickly shut down.

In the early days of the Internet, privacy advocates argued that data should be collected on individuals only if they affirmatively agreed. But businesses like Google have largely succeeded in reversing the presumption. There is a privacy policy on the site, but many people don't read privacy policies. It is hard to believe most Google users know they have a cookie that expires in 2038, or have thought much about the government's ability to read their search history and stored e-mail messages without them knowing it.

Google says it needs the data it keeps to improve its technology, but it is doubtful it needs so much personally identifiable information. Of course, this sort of data is enormously valuable for marketing. The whole idea of "Don't be evil," though, is resisting lucrative business opportunities when they are wrong. Google should develop an overarching privacy theory that is as bold as its mission to make the world's information accessible - one that can become a model for the online world. Google is not necessarily worse than other Internet companies when it comes to privacy. But it should be doing better.

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