воскресенье, 26 февраля 2012 г.

Google Buzz Settlement: Privacy Audits For 20 Years.(Reprint)

Reprinted with permission from FindLaw.com

Google has entered into a settlement with the Federal Trade Commission (FTC) to address perceived privacy violations relating to the social network, Google Buzz.

The Google Buzz settlement requires Google to implement a comprehensive privacy program and to be subject to independent privacy audits for the next 20 years.

Why could this end up being a big deal?

Google found itself in the cross-hairs of the FTC with respect to alleged deceptive tactics and violations of Google's privacy practices having to do with Google Buzz.

According to the FTC, Google had given its Gmail email users the impression that they could choose if they wanted to join the network, while the options for declining Buzz actually were ineffective.

In addition, the FTC asserted that Google's controls for limiting the sharing of personal information were confusing and difficult to implement. For example, Buzz contained a feature that allowed it to publicly list a user's frequent email contacts; while this feature could be turned off, the default setting was to leave it on.

The Google Buzz settlement does serve notice to other companies that the FTC is watching and checking to ascertain whether privacy promises in policies actually are adhered to in practice.

However, the penalty as to Google is not too severe. Yes. Google needs to develop a comprehensive privacy policy, and it will be subject to independent privacy auditing for 20 years. But it is in Google's best interests anyway to have sound privacy policies and practices.

Creating an atmosphere of security and safety for the personal information of customers equates to good business. Users will tend to gravitate over time to places on the Internet where they know that their private information will not be compromised.

The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.

This article is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The description of the results of any specific case or transaction contained herein does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered to be unique and subject to varying results. The invitation to contact the authors or attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.

Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today's evolving global markets. Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today's evolving global markets. The Duane Morris Institute provides training workshops for HR professionals, in-house counsel, benefits administrators and senior managers.

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Duane Morris LLP

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