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Google reduces search data retention time to 9 months, but not enough

24 September, 2008
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

Following the demands of EU privacy protection authorities, Google announced on 9 September it would reduce the search data retention time from 18 to 9 months.

This is the second reduction Google applies in the past 2 years, having already reduced the retention period from indefinite to 18 months in 2007. However, the company still does not meet the Article 29 Working Party's recommendations.

On 4 April 2008, the Article 29 Working Party published an opinion on search engines, recommending a maximum retention period of 6 months and reaffirming the applicability of the European data protection law. "Search engine providers must delete or irreversibly anonymise personal data once they no longer serve the specified and legitimate purpose they were collected for."

As a result, on 8 September 2008, Google answered announcing that the IP addresses associated with requests on the search engine will be anonymised after 9 months and that a link to Google's privacy policy appeared now on its homepage.

The company did not provide any details regarding the way this anonymisation will work which, taking into consideration previous statements, will just consist in deleting the last 8 bits of a user's IP address. But if this does not go together with the anonymisation of the cookie values, then the entire process is useless, as Christopher Soghoian, a student fellow at Harvard University's Berkman Center for Internet and Society explains: "Even though the 9-month-old search logs have been 'anonymized', because the cookie values remain, it is trivial to match the newer search results to the older searches, and thus completely reverse the anonymization process."

Although the Article 29 Working Party has appreciated Google's willingness to collaborate with data protection authorities, they consider there are still strong disagreements. Alex Turk, chairman of the Article 29 Working Party, says in a public press release on 16 September 2008 that despite the progress done, Google has still a lot of work to do to guarantee the rights of Internet users and the respect of their privacy.

Some of the issues that raise concern are that Google considers that the European law on data protection is not applicable to itself and that IP addresses are confidential data, but not personal data. The company has not offered a clear justification for retaining personal data beyond the recommended 6 months period and has not made any improvement to its anonymisation mechanisms, which are still insufficient. Furthermore, it did not show any intention to improve and clarify the methods used to gather the consent of its users. The Article 29 Working Party established in 2007 that the IP address is related to an "identifiable person", and should thus be considered personal data. Therefore, Google should ask its users' prior permission before storing the information.

Google argued there was a question of quality of service. "While we're glad that this will bring some additional improvement in privacy, we're also concerned about the potential loss of security, quality, and innovation that may result from having less data. (...) As the period prior to anonymisation gets shorter, privacy benefits are less significant and the utility lost from the data grows" wrote Peter Fleisher, the company's global privacy lawyer on the Google blog.

Another step to protect user privacy (9.08.2008)
http://googleblog.blogspot.com/2008/09/another-step-to-protect-user-pr...

Google cuts data retention after EU privacy warning (10.09.2008)
http://euobserver.com/22/26718

Google tries to please privacy watchdogs (10.09.2008)
http://www.euractiv.com/en/infosociety/google-tries-please-privacy-wat...

Article 29 Working Party - Google: The Beginning of a Dialogue (16.09.2008)
http://ec.europa.eu/justice_home/fsj/privacy/news/docs/pr_16_09_08_en....

Debunking Google's log anonymization propaganda (11.09.2008)
http://news.cnet.com/8301-13739_3-10038963-46.html?tag=mncol;title

EDRi-gram: Google limits the search data retention period (28.03.2007)
http://www.edri.org/edrigram/number5.6/google-data-retention

 

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