Streetview may be winning in court in the US, but they may find the legal going a bit stickier in the EU.
The furore in the British press this morning about the advent of Google Streetview in UK and NL echoes that of its US launch, when Google Streetview, which allows the casual browser to wander at will virtually peeking in windows, gardens and doors, or wherever else Google’s camera poked its invasive lens, faced legal challenges on breach of privacy grounds.
So far Google’s defeated its legal challengers – but will EU data protection laws defeat Google?
Streetview’s just been launched here in NL too, and lo and behold! There’s our house: and our bedroom window, which you can look right into. And our front door, with our names on it.
That’s because it’s obligatory when you move into a property here to register your residence with the local authority, the gemeente. They then give you or you buy an embossed nameplate (see above), which you put on your front door, usually above the letterbox or by the doorbell. (Makes it easier to round you up – the Arena bomb hoaxers arrested up the street the other day had their names on the letterbox too).
This means that what Google Streeetview has done, in effect, is to compile a visual database of the names and addresses of every resident in the Netherlands save those paranoids – or the sensible, your choice – who haven’t complied with the local gemeente‘s pettifogging door-labelling rules.
Did Google or its licensers in government ever consider that, because it’s possible to zoom in on this database and that therefore it’s accessible to any casual viewer, they are potentially in breach of EU data protection laws – specifically Directive 95/46/EC on the protection of personal data?
Google claims it owns all Streetview data. Streetview NL is a database, although it’s visual. Surely any database containing individuals’ names and addresses should be subject to EU data protection regs? I’d certainly contend it should*.
Any EU member government body that allows or licenses Google to compile such a database might also be in breach of Article 8 of the European Convention on Human Rights which guarantees the privacy of individuals and families; broadly, it covers “private and family life, .. home and correspondence”, subject to certain restrictions that are “in accordance with law” and “necessary in a democratic society” .
I’m no expert on EU data protection laws and their application in NL – *I am no longer a lawyer – but that jumped right out at me.
Why didn’t it jump out to any of Google’s high-priced advocaten?
UPDATE
Heh.
When interviewed, a Google Streetview driver/photographer demanded he not be photographed.
