The google case: The fear of tracking
By Emma Peart
Google have faced criticism through suggestions it has held data on users without their knowledge. Brown et al v. Google involves individuals using Google’s mobile phone technology who are bringing an action against Google for storing information on users through this technology without consent.
Mobiles using the Google Android Operating System are recording and storing comprehensive details of all their owners’ movements. The data gathered on the users’ location is hidden from the user. Google or third parties could however access this information as the information is not encripted. The system attaches a unique ID number to the data. It is thought that while that ID number can’t be directly linked to a particular device or user, the use of certain techniques can allow the data to be anayzed and link it to individuals. Users apparently have no way to prevent Google from collecting this information. If users disable the Android GPS, Google’s tracking system remains functional.
The argument of the users is that:
a) They were unaware of Google’s extensive tracking of their locations and did not knowingly consent to such tracking.
b) It violates their statutory and common law privacy rights
Apple is currently facing a similar action.
All in all, this highlights a potential gathering of information, gathered without consent, which is arguably not even secured safely.
As well as causing an issue for the private individual, could this not have an effect on commerce? Information linked to businesses discussed through the mobiles and the software (i.e. the location of business meetings) which could be confidential could be gathered from these systems and may not be securely held. Perhaps at least more detail on what information is being held by these companies and the exact way in which it is held needs to be known before a resolution to this problem can be made.
