Met still weighing up Google data breach case
By Stewart Mitchell
Posted on 18 Aug 2010 at 12:47
The Metropolitan Police is still trying to decide whether to launch a full-blown investigation into the unlawful snooping undertaken by Google's Street View data collection cars.
The Met launched a probe into the circumstances behind Google's Wi-Fi data collecting blunder back in June after an official complaint from campaign group Privacy International.
At the time, the force was expected to take eight to ten days to decide whether to move ahead with a full investigation, but nearly two months later the Met is still weighing up its options.
The situation is still being assessed and we are still talking to the interested parties
“The situation is still being assessed and we are still talking to the interested parties,” the Met told PC Pro. "We're looking into whether we should take it forward, but at the moment it's still not a full-blown investigation.”
The action follows a complaint from rights group Privacy International alleging that the data breach – in which Google sniffed unencrypted Wi-Fi data packets while it swept the UK for its Street View service - represented a criminal interception.
The Information Commissioner's Office, which overseas privacy in the UK, has said it does not plan to act against Google despite castigating the company for its mistake, because the details collected were not considered “significant” but also because it does not have the power to act.
“The Information Commissioner is taking a responsible and proportionate approach to this case," a spokesperson for the ICO said. "Unlike some privacy commissioners abroad, the Information Commissioner has no responsibility for enforcing the law on interception of communications."
Noting that the ICO would monitor what happened in other countries it may, however, take action in the future. "The case has not been closed,” the watchdog said.
Spain acts
Spain, meanwhile, has become the latest country to take more direct action against the search giant, which has admitted to the data collection blunder in at least 30 different countries.
According to Spanish newspapers, a Google official has been asked to appear before a judge on 4 October in response to a complaint by privacy watchdog Apedanica.
Similar investigations are taking place in France, Germany and Australia, with all coutries appearing to move more quickly than the UK.
Google also faces investigations in the US, where it is the subject of a class action lawsuit over the data collection and a widespread probe by 38 states.
Google has consistently said it will co-operate with any investigation and work with the authorities in all the countries effected by the privacy breach.
From around the web
"the Information Commissioner has no responsibility for enforcing the law on interception of communications."
OK, then what does the ICO do and if not they, then who has?
However, "The case has not been closed,”.
Why, if "it does not have the power to act."?
Not saying there is anything to investigate - it would seem to be a waste of resources trying to find something, really. I suspect most of the countries going after Google for this have an eye on Google's profits more than anything else.
By greemble on 18 Aug 2010 ![]()
If I walk up the street with my wifi-capable phone it will connect to any available unencrypted signal.
If this is illegal then someone oghta tell the equipment designers, because as-is it's designed to break the law automatically, without any user intervention whatsoever.
By Anteaus on 19 Aug 2010 ![]()
For crying out loud
AS Antaeus said.... in that case nearly everyone with a wifi enabled device is just as guilty, as are the supposedly affected parties, as they have obviously made no effort to secure their network data and hopefully will be found in breach of Data protecton laws....well I can hope?
Yet again a party with a vested interest, rather than an injured party, is wasting Police time and MY MONEY... someone send them a bill
By mikeos on 19 Aug 2010 ![]()
Totally agrre with mikeos
Why are we wasting money on pointless investigations like this.
What would Google do with the data anyway?
The publicity of a large corporation demonstrating how insecure WiFi routers are, is doing the public and the Internet at large a great service.
This level of publicity is far better than some geek blogging about how many WiFi routers they gained access to whilst war-driving.
By S_Elwell on 19 Aug 2010 ![]()
Be very careful!
In reply to S_Elwell you ask 'what Google will do with the data anyway'
Well I understand that there is likely to be a new EU directive shortly, requiring all European Governments to fine people who do not secure their Wi-Fi connections!
Where do you think the authorities might get their information on these 'Criminals'?
Yep you got it they'll get it from google who will be required by law to hand it over, just like all the other information they gather.
Google has just become another info gathering department of the government.
By Citizen_s on 19 Aug 2010 ![]()
MikeS
The whole thing is ludicrous. WiFi routers *broadcast* the data *unencrypted*. The whole point is so that others can receive it.
If you don't want that, set up WPA encryption. But many don't take *responsibility* for securing their own WiFi. So *they* or the *router manufacturers* are at fault, not Google.
If people were shouting out of their windows so that everyone in the street could hear, would Google or anyone else be considered to be breaching privacy laws if they recorded it as they drove past? There's no privacy if you're shouting for all to hear and the same is true of unencrypted WiFi.
By mikedscott on 19 Aug 2010 ![]()
It all depends.....
Can someone clarify the law in this matter. My understanding (which might be wrong) is that if I was to access my neighbour's unencrypted WiFi without their permission, I would be breaking the law.
If that is the case, then Google capturing and storing the data of every house it has passed with it's street car (which is virtually the whole country!), is potentially infringing that rule many many times over and they should be taken to task for it. Privacy needs protecting and rules need upholding. (think of all the plain text email username & passwords they will have harvested!!!
Whether "intent" has a bearing too would be interesting. So the case of a mobile phone in your pocket automatically logging on to each unencrypted base station you passed would be one thing. However deliberately setting your phone with software to log and store all traffic it sniffed as you walked past, into a data capture file, would be much more intentional and malicious in intent. This is more like what Google have done.
Just because Google are big doesn't mean they shouldn't play by the same rules we all have to.
Leaving wifi unencrypted is a bit like leaving a front door wide open, but it would still be theft for someone to enter that property and take something not belonging to you. As I've said before, the problem with that analogy is that wifi signals are invisible! This means the average punter can't see that their wifi connection is wide open compared with someone leaving their front door open which is more obvious.
Can someone find out the law about "borrowing" a wifi connection, because there is a story in that area for an investigative journalist... and it heavily impinges upon this case regarding Google too.
By mdoragh on 19 Aug 2010 ![]()
Wi-Fi and the Law
I am not a solicitor but my understanding of the law in the United Kingdom is that if you access the internet using a private Wi-Fi connection without the owners permission you are commiting an offence, I believe that this comes under the misuse of computers act.
You are not commiting an offence if your Laptop or Mobile detects and shows you these connections, only if you then connect to the internet using one of these connections.
If you give some one else permission to use your Wi-Fi connection, remember you are legally responsible for everything that person does using your connection.
My understanding is that it will soon be an offence under EU legislation to have an unsecured Wi-Fi connection, so watch out! What bothers me about such legislation is that, it will be pensioners and people who have no idea about these things that will yet again suffer and be fined.
By Citizen_s on 21 Aug 2010 ![]()
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