Comments on: Google’s Unsatisfying Explanation for Retaining User Search Data http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/ information ethics : privacy : new media : values in design : 2.0 Thu, 26 Apr 2012 13:58:09 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Michael Zimmer http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/comment-page-1/#comment-61963 Michael Zimmer Tue, 15 May 2007 12:51:03 +0000 http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/#comment-61963 Good catch, HFI - I haven't kept up with the precise language of the EU directive or the proposed US versions. I wonder, however, if the courts have ruled at all regarding what constitutes a "communication": is it to mean "me communicating with someone else" via these systems, or might it also include "my computer communicating with the system" in order to complete a task. If the latter, then we might be in trouble.... Good catch, HFI – I haven’t kept up with the precise language of the EU directive or the proposed US versions. I wonder, however, if the courts have ruled at all regarding what constitutes a “communication”: is it to mean “me communicating with someone else” via these systems, or might it also include “my computer communicating with the system” in order to complete a task. If the latter, then we might be in trouble….

]]> By: HFl http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/comment-page-1/#comment-61946 HFl Tue, 15 May 2007 09:43:59 +0000 http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/#comment-61946 Joris right. What is kind of amazing is that since Google played the EU Data Retention card, nobody writing about this stuff has bothered to check whether the EU law covers search engine queries. It doesn't - it covers "COMMUNICATIONS services and networks" (telcos, ISPs, + webmail/e-mail/messaging). There is diddly squat requirement for Google to keep search query terms and IP addresses in respect of those searches. EU Data Retention makes a hideous travesty of the European human right to privacy, but it doesn't compel Google to do what they have implied. It wouldn't hurt for American commentators to ask a European privacy lawyer before reporting Google's bilge at face value check it for yourself... http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/...060413en00540063.pdf ...the meat is in Article 5, but for avoidance of doubt... Recital 13: This Directive relates only to data generated or processed as a consequence of a communication or a communication service and does not relate to data that are the content of the information communicated... Recital 23: Given that the obligations on providers of electronic communications services should be proportionate, this Directive requires that they retain only such data as are generated or processed in the process of supplying their communications services. To the extent that such data are not generated or processed by those providers, there is no obligation to retain them... Joris right. What is kind of amazing is that since Google played the EU Data Retention card, nobody writing about this stuff has bothered to check whether the EU law covers search engine queries. It doesn’t – it covers “COMMUNICATIONS services and networks” (telcos, ISPs, + webmail/e-mail/messaging). There is diddly squat requirement for Google to keep search query terms and IP addresses in respect of those searches.

EU Data Retention makes a hideous travesty of the European human right to privacy, but it doesn’t compel Google to do what they have implied. It wouldn’t hurt for American commentators to ask a European privacy lawyer before reporting Google’s bilge at face value

check it for yourself…
http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/…060413en00540063.pdf

…the meat is in Article 5, but for avoidance of doubt…

Recital 13: This Directive relates only to data generated or processed as a consequence of a communication or a communication service and does not relate to data that are the content of the information communicated…

Recital 23: Given that the obligations on providers of electronic communications services should be proportionate, this Directive requires that they retain only such data as are generated or processed in the process of supplying their communications services. To the extent that such data are not generated or processed by those providers, there is no obligation to retain them…

]]> By: Michael Zimmer http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/comment-page-1/#comment-61634 Michael Zimmer Sun, 13 May 2007 22:00:15 +0000 http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/#comment-61634 Hi Joris - thanks for the comment. Do you know why EU data retention laws only apply to e-mail and not other online activities? Hi Joris – thanks for the comment. Do you know why EU data retention laws only apply to e-mail and not other online activities?

]]> By: Joris van Hoboken http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/comment-page-1/#comment-61612 Joris van Hoboken Sun, 13 May 2007 16:02:12 +0000 http://michaelzimmer.org/2007/05/12/googles-unsatisfying-explanation-for-retaining-user-search-data/#comment-61612 Hello Michael Zimmer, I agree with your criticism on Google\'s new privacy policy + explanation. I was rather amazed by the data retention argument they came up with. After I saw Peter Fleischer\'s blog posts I think it is his spin. I have been involved in the data retention debate in the EU and The Netherlands. Until now, the data retention laws in the EU do not apply to search services. They might apply to e-mail, but that\'s a different story altogether, isn\'t it? Greetings, Joris van Hoboken Hello Michael Zimmer,

I agree with your criticism on Google\’s new privacy policy + explanation. I was rather amazed by the data retention argument they came up with. After I saw Peter Fleischer\’s blog posts I think it is his spin. I have been involved in the data retention debate in the EU and The Netherlands. Until now, the data retention laws in the EU do not apply to search services. They might apply to e-mail, but that\’s a different story altogether, isn\’t it?

Greetings,

Joris van Hoboken

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