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Information Centre

Media Statement

Date: 7 March 2012

Privacy Commissioner probes further into Google’s new privacy policy

1. At a press briefing on 29 February 2012, the Privacy Commissioner for Personal Data, Mr. Allan Chiang, expressed concerns over Google’s new privacy policy, effective 1 March 2012, which has consolidated the different privacy policies that previously applied to its respective products and services (over 70). The move would facilitate Google to combine the data of a subscriber using multiple Google products (such as Gmail, YouTube, Google+, Maps, Search and Android), provided in very different contexts and for very different reasons, into a single merged profile. Google pointed out that the change would create a simpler, more intuitive user experience across multiple Google products; improve search results; and make ads more relevant.

2. Mr. Chiang explained, “From a privacy and data protection perspective, our concerns, inter alia, are:-

(a) User choice and control
It is not clear whether users are able to segregate their online identities if they use multiple Google products for different purposes. It is important that users are able to control the way in which their information is aggregated and shared online.

(b) Level of detail in the policy
Some product-specific privacy policies contained timeframes for the deletion of information following a request from a user, such as Picasa policy, which stated that data would be deleted within 60 days of a user’s request. These timeframes have not been carried forward to the new policy.

(c) Impact on Android users
The changes to Google’s privacy policy potentially have a substantial impact on Android users, as use of Android smartphones and tablets requires users to have Google accounts. However, it is not very certain how Android users will be affected by the changes and the options that will be available to them.”

3. Hong Kong’s concerns are shared by Privacy Commissioners, Data Protection Authorities and consumer groups worldwide. For example, the French CNIL, on behalf of the European Union data protection authorities, has commenced an investigation into the lawfulness and fairness of Google’s aggregation of users’ personal data across services. Likewise, 36 State Attorney Generals in the United States questioned Google’s commitment to consumer privacy, as users are forced to share data that they may not themselves want shared, without being given a proper and meaningful opt-out facility. They also pointed out that the creation of richer personal data profiles would pose the risk of damaging cases of identity theft and fraud when that data was compromised.

4. “Hong Kong is a member of the Asia Pacific Privacy Authorities (APPA)¹and the convenor of APPA’s Technology Working Group (TWG). Following a review by TWG of the implications of Google’s new privacy policy, we issued a letter to Google on 28 February 2012 raising our concerns². On 29 February 2012, Google gave a general response³ which, however, fell short of allaying those concerns.”

5. “There are jurisdictional complications for us to take enforcement action against this US-based multinational Internet and software corporation. At this stage, we consider co-operation with our overseas counterparts is an effective approach. We will, through the collaborative effort of the TWG, continue to press Google to specifically and directly answer our questions on, for example, how exactly can users easily locate, access and apply Google’s privacy tools to ensure they can effectively opt out of Google’s automatic aggregation of their personal data across multiple products. We will also keep in view and capitalize on the efforts of our counterparts in other regions,” Mr. Chiang concluded.

6. “In the meantime, logged-in Google users are advised to visit Google’s Dashboard (www.google.com/dashboard) to examine what account and profile information they have made known to Google, and remove unused accounts and/or simplify profile information where necessary. Furthermore, users may consider removing their search history and pausing its recording in the Dashboard. Finally, users can visit Google’s Ad Preference Manager (www.google.com/ads/preferences) to inspect/modify/remove the interests/categories Google has assigned to them for advertising purposes. Users may also choose to download a browser plug-in from this page to opt-out from Google advertisements that are based on the users’ interests and demographic details,” Mr. Chiang advised.

¹ APPA comprises the following privacy authorities: Office of the Australian Information Commissioner, Australia; Office of the Information and Privacy Commissioner, British Columbia, Canada; Office of the Privacy Commissioner, Canada; Office of the Privacy Commissioner for Personal Data, Hong Kong; Korea Internet & Security Agency, Korea; Federal Institute for Access to Information and Data Protection, Mexico; Office of the New South Wales Privacy Commissioner, Australia; Office of the Privacy Commissioner, New Zealand; Office of the Northern Territory Information Commissioner, Australia; Office of the Information Commissioner, Queensland, Australia; Federal Trade Commission, United States of America; Office of the Victorian Privacy Commissioner, Australia.

² See www.privacy.gov.au/materials/types/other/view/7166

³ See www.privacy.gov.au/materials/types/other/view/7168

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