According to The Wall Street Journal, Google may soon be fined the equivalent of $19 million dollars by the Netherlands Data Protection Authority for violating privacy laws. The Dutch privacy regulator announced earlier today that Google collects and combines
personal data for advertising purposes without obtaining user consent. The threat of a fine follows a 900,000 euro-penalty from Spain’sdata privacy regulator last year and another 150,000 euro penalty Google received earlier this year.
In 2012, Google consolidated most of its privacy policies into one comprehensive policy that enables it to combine almost all information it gains about its users. This troubling change demonstrated that Google doesn't care about its users privacy. Google's platforms are not built with privacy by design in place. It is an advertising company disguised as a search engine and communications provider. This business model has created the most successful advertising entity in the history of the world.
During the past several years, Google has been fined tens of millions of dollars by the FTC, state attorney generals, and European regulators for violating privacy laws. Regulator fines are designed to stop and deter illegal behavior. Google makes so much money from the data it mines on its users that it may be cheaper for it to continue to pay fines for bad behavior instead of changing its business practices. Until regulators around the world are provided the tools that have the teeth required to deter Google and other companies from harming our privacy this troubling behavior will continue.
Will 2015 be the year that legislators and regulators really clamp down on digital data collection and usage? Time will only tell.
Copyright 2014 by Shear Law, LLC. All rights reserved.
Showing posts with label Social Networking Privacy Law. Show all posts
Showing posts with label Social Networking Privacy Law. Show all posts
Monday, December 15, 2014
Monday, October 15, 2012
European Union May Require Google To Change Its Privacy Policies
According to Reuters, the European Union has sent Google a letter demanding changes to Google's new privacy policy to better protect the personal data of its users. The Guardian is reporting that Google may be told on Tuesday to revisit the controversial changes introduced in March.
On January 24, 2012, Google announced that as of March 1, 2012, it would revamp its privacy policies. At the time of its announcement, Google stated that it had more than 70 privacy policies and that it is "rolling out a new main privacy policy that covers the majority of our products and explains what information we collect, and how we use it, in a much more readable way. While we’ve had to keep a handful of separate privacy notices for legal and other reasons, we’re consolidating more than 60 into our main Privacy Policy." .... "Our new Privacy Policy makes clear that, if you’re signed in, we may combine information you've provided from one service with information from other services."
Streamlining almost 70 privacy policies into 1 policy is much easier for compliance and legal purposes since it means that Google will only have to keep abreast of 1 uniform policy instead of more than 60. In other words, the change may decrease legal and compliance costs by millions of dollars per year. The new Privacy Policy states that Google may combine all of its users' information into one profile that may enhance its data mining capabilities which may increase its advertising revenues by hundreds of millions of dollars per year. Of Google's $37.9 billion in 2011 revenue, 96 percent came from advertising.
Before Google's new privacy policy went into effect, France's data protection authority, the CNIL, told Google in a letter dated February 27, 2012 that it would lead a Europe-wide investigation of the new policy. Soon after Google implemented the changes there was an uproar about the matter.
Since Google refused to heed the EU's prior warnings that changing its privacy policies may violate data protection laws it would not surprise me if the CNIL harshly rebukes Google and "recommends" it change its privacy policies and is "asked" to better inform its users on how it utilizes their personal data. However, until the decison is made public it would be premature to speculate how this may affect Google and its advertising clients.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.
On January 24, 2012, Google announced that as of March 1, 2012, it would revamp its privacy policies. At the time of its announcement, Google stated that it had more than 70 privacy policies and that it is "rolling out a new main privacy policy that covers the majority of our products and explains what information we collect, and how we use it, in a much more readable way. While we’ve had to keep a handful of separate privacy notices for legal and other reasons, we’re consolidating more than 60 into our main Privacy Policy." .... "Our new Privacy Policy makes clear that, if you’re signed in, we may combine information you've provided from one service with information from other services."
Streamlining almost 70 privacy policies into 1 policy is much easier for compliance and legal purposes since it means that Google will only have to keep abreast of 1 uniform policy instead of more than 60. In other words, the change may decrease legal and compliance costs by millions of dollars per year. The new Privacy Policy states that Google may combine all of its users' information into one profile that may enhance its data mining capabilities which may increase its advertising revenues by hundreds of millions of dollars per year. Of Google's $37.9 billion in 2011 revenue, 96 percent came from advertising.
Before Google's new privacy policy went into effect, France's data protection authority, the CNIL, told Google in a letter dated February 27, 2012 that it would lead a Europe-wide investigation of the new policy. Soon after Google implemented the changes there was an uproar about the matter.
Since Google refused to heed the EU's prior warnings that changing its privacy policies may violate data protection laws it would not surprise me if the CNIL harshly rebukes Google and "recommends" it change its privacy policies and is "asked" to better inform its users on how it utilizes their personal data. However, until the decison is made public it would be premature to speculate how this may affect Google and its advertising clients.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Thursday, September 27, 2012
California is the first state to enact comprehensive social media privacy legislation
Governor Jerry Brown of California has announced that he has signed California SB 1349 and California AB 1844. California has now become the first state in the country to enact comprehensive social media privacy legislation.
Earlier this year, Maryland became the first state to enact social media privacy legislation that protects employees' digital privacy while also protecting employers from frivolous social media related lawsuits. Soon after, Delaware enacted social media privacy legislation that protects college students and post-secondary schools. In August, Illinois enacted legislation that protects employees and employers.
With the enactment of California's SB 1349, California becomes the second state to protect the social media privacy of post-secondary students which may also protect California schools from frivolous social media related lawsuits and snake oil salesmen who are pitching schools on the need for costly social media monitoring programs that are legal liability time bombs. On August 21, 2012, I stated,
"If SB 1349 is enacted, it may protect California schools from millions of dollars in additional compliance and regulatory costs, and millions of dollars in potential legal liability costs associated with social media related lawsuits."
With the enactment of California's AB 1844, California becomes the third state to protect the social media privacy rights of employees which may also protect California employers from frivolous social media related lawsuits. On August 30, 2012, I sated, "
AB 1844 is a huge win for the business community because it may provide California businesses with a legal liability shield from plaintiffs who may allege that businesses have a legal duty to monitor their employees' personal password protected digital content. This legislation may collectively save California businesses tens of millions of dollars a year in costs to monitor their employees' personal digital accounts. In addition, this law may save California businesses tens of millions of dollars per year on cyber liability insurance premiums that would accompany a duty to monitor employees in the digital/social media space.
The bottom line is that California is leading the way in the enactment social media privacy legislation that protects schools, students, prospective students, employers, employees, and job applicants.
(Full Disclosure: I advised California State Senator Yee's office on SB 1349 and Assembly Member Campos' office AB 1844.)
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Earlier this year, Maryland became the first state to enact social media privacy legislation that protects employees' digital privacy while also protecting employers from frivolous social media related lawsuits. Soon after, Delaware enacted social media privacy legislation that protects college students and post-secondary schools. In August, Illinois enacted legislation that protects employees and employers.
With the enactment of California's SB 1349, California becomes the second state to protect the social media privacy of post-secondary students which may also protect California schools from frivolous social media related lawsuits and snake oil salesmen who are pitching schools on the need for costly social media monitoring programs that are legal liability time bombs. On August 21, 2012, I stated,
"If SB 1349 is enacted, it may protect California schools from millions of dollars in additional compliance and regulatory costs, and millions of dollars in potential legal liability costs associated with social media related lawsuits."
With the enactment of California's AB 1844, California becomes the third state to protect the social media privacy rights of employees which may also protect California employers from frivolous social media related lawsuits. On August 30, 2012, I sated, "
AB 1844 is a huge win for the business community because it may provide California businesses with a legal liability shield from plaintiffs who may allege that businesses have a legal duty to monitor their employees' personal password protected digital content. This legislation may collectively save California businesses tens of millions of dollars a year in costs to monitor their employees' personal digital accounts. In addition, this law may save California businesses tens of millions of dollars per year on cyber liability insurance premiums that would accompany a duty to monitor employees in the digital/social media space.
The bottom line is that California is leading the way in the enactment social media privacy legislation that protects schools, students, prospective students, employers, employees, and job applicants.
(Full Disclosure: I advised California State Senator Yee's office on SB 1349 and Assembly Member Campos' office AB 1844.)
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.
Thursday, August 2, 2012
Illinois Enacts Social Media Privacy Law
Illinois has become the third state to enact a law that pertains to social media privacy. Earlier this year, Maryland enacted a law that protects employers, employees, and job applicants and Delaware enacted a law that protects schools, students, and prospective students.
HB 3782 is now Public Act 097-0875 and will go into effect on January 1, 2013. The bill is modeled after Maryland's groundbreaking social media privacy legislation that became the first law in the country to specifically address an employee's digital right to privacy. At least 15 states have introduced social media privacy legislation along with Congress.
Employees and job applicants should still watch what they post online because anyone who has access to their posts may be able to re-post them or print them out for others to see. While an Illinois employer may not be able to require that an employee or job applicant provide access to one's password protected Facebook page or content as a condition for employment, one of your Facebook Friends can still freely contact your employer and send them your password protected digital content.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC All rights reserved.
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