|
I see a flaw here. Google is not responsible for what is uploaded to the internet. Agreed. However, it is responsible for the search service it provides. How its algorithm is structured does allow one to find and distinguish between people, the searcher is not doing the differentiating, the search engine does automatically. To that extent they do process personal data to the extent that their search engine does pull out personal data from the web. It also retains that personal data as you have the option to allow other searches, which will contain that personal data, to appear in your google search window as an added feature.
I fear we are missing the technological issues that support a search engine and how it relates to the "web" that it draws material from.
I, for one, would be grateful for a process map that shows the relationship between an individual uploading material to the web, how it is captured by the search engines, how they use it, and then how it is communicated to the searcher. Overlay that with the DPA issues and you see a number of vectors.
The search engine is not like a telephone wire nor is it a garden mulcher. Even if it were, it is caught by the fact that what it mulches *is* personal data. I do not recall anywhere in the act that it states that a DC must know what is processing for the Act to apply. The act applies on what it does not whether it knows it or not. :)
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: 19 May 2014 13:46
To: [log in to unmask]
Subject: Re: Google, SARs and automated processing, any experience?
Owen
The google case judgement is available here: http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130d53540236540c84a4697a88182152f7368.e34KaxiLc3eQc40LaxqMbN4OaNmQe0?text=&docid=152065&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=99629
As you may well know the AG Opinion that preceded this (last June) agreed with you (and the gardener analogy). This view was rejected by the court of course. On strict language of the Directive, the court was right to do so, I think. The definition of the keep terms of "processing" does include the Google index (it does collect, etc, "personal data"). Who else "controls" that index if not Google. However, and this underpins the AG's opinion, that does lead to the ridiculous result of Google being a "data controller" subject to all legal requirements when - frankly - it doesn't care whether or not the plants it is pruning is a weed or useful (to extend your analogy).
I know there are tons of articles on this already (and more to come), but mine is available through this link for anyone interested: http://www.dechert.com/Court_of_Justice_of_the_European_Union_Finds_Individuals_Have_a_Right_to_be_Forgotten_Under_Data_Protection_Law_05-14-2014/
Renzo
Renzo Marchini
Special Counsel
Dechert LLP
+44 20 7184 7563 Direct
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Owen Thomas
Sent: 19 May 2014 13:19
To: [log in to unmask]
Subject: Re: [data-protection] Google, SARs and automated processing, any experience?
In the EU Google case I think there's a bit of a chicken / egg case involved that the Court might have missed (haven't read the whole judgement as have not been able to locate it yet) and it hinges on the issue of intent.
Google's algorithms make their decisions irrespective of whether the data they're sorting is personal, impersonal or whatever. It is, to use a very clumsy analogy, like a garden shredder: it will eat / process whatever is fed to it. It is the Gardener who chooses whether to shred or to re-plant who's making the decisions.
Translate back to the electronic world and Google is just a machine that will process whatever's uploaded to the web: it seems to me that it's the people who decide what goes web-side, why, when, whether it can be forwarded etc are the ones that the Court should have been looking at.
Owen
-----Original Message-----
From: Lawrence Serewicz [mailto:[log in to unmask]]
Sent: 19 May 2014 12:51
To: Owen Thomas; [log in to unmask]
Subject: RE: Google, SARs and automated processing, any experience?
Owen,
An interesting point and one that makes me wonder what is meant by "reliability" and "conduct" given that Google searches do appear to be providing evidence regarding both of those, which is why people are searching google.
Moreover, how google's algorithms work is not something that the searcher can decide. The structure of the algorithm and the search system is under the direct control of Google which I would suggest makes that an automated system as it acts in a consistent way irregardless of the instructions. A truck does not stop being a truck because an amateur is driving it or if a professional is driving it.
Best,
Lawrence
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Owen Thomas
Sent: 19 May 2014 11:46
To: [log in to unmask]
Subject: Re: Google, SARs and automated processing, any experience?
Well, 'automated processing' - yes. 'Automated decision making' might be a bit of a stretch.
Section 12 concerns itself with decisions "... taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct" which seems a questionable claim for a web-search.
Unless I'm missing something, the only default 'decisions' that Google
(etc) takes are 'what results match the question I was asked?' and 'which of these results will make us most money under our contracts with corporations?'. A user might be presented with different search results in different priorities based on the criteria they've applied to the search (i.e. search tools etc), but that suggests to me that the resulting 'search / presentational decisions' are even less automated and are, instead, a response (albeit a very clever one) to a filing request.
Owen
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
------------------------------------------------------------------------------------------------------------------------
Confidentiality: this email and its attachments may contain confidential and privileged information. If you are not the intended recipient, please inform the sender by return email and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted.
Communication by internet email is not secure as messages can be intercepted and ready by someone else. Any email including its content may be monitored and used by the Council for reasons of security and for monitoring internal compliance with policy. Email may also be disclosed in response to a request for information, unless exempt under access to information legislation. Please be aware that you have a responsibility to ensure that email you write or forward is within the bounds of the law. The Council cannot guarantee that his message or any attachment is virus free or has not been intercepted and amended. You should perform your own virus checks.
------------------------------------------------------------------------------------------------------------------------
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This e-mail is from Dechert LLP, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, please delete the e-mail and any attachments, and notify the sender. Dechert LLP is a limited liability partnership registered in England & Wales (Registered No. OC306029) and is authorised and regulated by the Solicitors Regulation Authority. A list of names of the members of Dechert LLP (who are solicitors or registered foreign lawyers) is available for inspection at its registered office, 160 Queen Victoria Street, London EC4V 4QQ.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
________________________________
Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
