Issued in April-May 2008
Background
Google Street View allows users to view 360° panoramic street level images
of a selected number of cities. The images have been captured using a car equipped
with a large number of wide-angle cameras. Consequently, the images are not
streamed live, but represent one particular moment in time. So far only US cities
can be viewed, but Google has captured images from Australian cities, and estimates
that an Australian version of Google Street View will be available during the
second half of 2008.
Privacy Concerns
There is no doubt that Google Street View is an exciting development with legitimate
uses. However, it is equally obvious that it gives rise to privacy concerns.
A few examples of privacy concerns are:
- Privacy in public places. People have a legitimate expectation of a degree
of privacy in public places. There is a difference between being seen doing
something in public, and have a camera capture that act. For example, while
a person might be comfortable walking home from the beach wearing a bikini,
that same person may not necessarily consent to a photograph of her doing
so even being taken, let alone being made available on the Internet
- The need to blur the parts of pictures that identify individuals, e.g. faces
and numberplates
- Inappropriate collection techniques, e.g. involving entering onto private
property, or threatening people's safety by disclosing details of security
measures (in both cases, even if the photographer's behaviour is inadvertent)
But those are just some of the more obvious issues. StreetView is genuinely
innovative. The images are to be linked systematically into a massive global
data system, and then combined with maps, satellite photographs, directories
and search engines. In that way, many views of each place and its inhabitants
can be constructed. And it's all available to all comers to mix and mash with
anything else they can lay their hands on. The use of photos taken from public
places, of variously 'public' and 'private' places, is risky, and demands close
consideration. It is likely that at least some aspects of its use will require
careful regulation.
APF POLICY re Google Street View
- A Privacy Impact Assessment. Google must carry out a Privacy
Impact Assessment (PIA). A PIA would help to identify both current and future
privacy concerns associated with Google Street View
- Consultation. Google must engage with the public, and with
privacy advocacy organisations such as APF and EFA in Australia, EPIC in the
USA, and PI internationally. Only in that way can the full range of issues
be teased out. And only once the issues are apparent can the company ensure
that its project plan and business processes are appropriate to the public's
needs
- Clarification of Applicable Laws. Google must clarify the
laws to which its activities are subject, and make the analysis publicly available
- An Enforceable Code. The activity is innovative, the coverage
is intended to be comprehensive, and current laws are very likely to leave
gaps. Google's conduct therefore needs to be subject to an enforceable Code.
The Code needs to be developed through a consultative process that involves
privacy oversight agencies, Google, and relevant public interest organisations
such as Councils for Civil Liberties and the APF. The Code must include an
undertaking by Google in relation to the Australian version of Google Street
View, to comply with all relevant Australian laws (including the complaints
and enforcement role of Privacy Commissioners)
- A Complaints Mechanism. Google must implement a simple
but effective system for comments, requests for changes, and complaints. There
are reports of instances where Google has taken down images were complaints
have been made, and is working on ways to automatically 'fuzz' identifying
data such as faces and number-plates. This is encouraging, but Google must
put in place an easy and accessible system for individuals wishing to report
privacy issues
- Action on Complaints. Google must act promptly once complaints
are received