The Internet and Privacy

Debate between Chris Kelly and Robert Halfon

Thursday 28th October 2010 Westminster Hall

[Robert Halfon]

I should like to touch on the point about securing networks. To use an analogy, does my hon. Friend agree that, if someone leaves their window open and a burglar comes into their house, it is not the home owner but the burglar who is at fault? If it is being suggested that we should have to block our wi-fi and have special security—whatever that may be—that is, in essence, putting the responsibility on the individual, rather than on the “burglar” in the first place.

[Chris Kelly]

Things are not ideal—we live in an imperfect world—but the fact is that people need to be aware that it is possible to lock their wi-fi routers, and they should be encouraged to choose that option. To continue with that very point, the data capture by Google could have been avoided if everyone in the country locked their wireless routers, thereby encrypting their data. But not everyone is aware that it is possible to lock their routers and many businesses, such as the pubs and coffee shops that I mentioned earlier, offer unlocked wi-fi as a service to their customers. We do not encrypt our telephone calls or our post, but we still have a legitimate expectation that others are not prying into them, and indeed doing so is a criminal offence.

Google’s wi-fi intrusion has been brought to the attention of the Information Commissioner’s Office, as we heard earlier. However, the ICO only sent two non-technical staff to Google’s headquarters, which is the heart of what is perhaps the world’s most technologically advanced company. Those non-technical staff then looked at only a small sample of data taken from what Google chose to show them and promptly issued a press release that effectively cleared the company of any wrongdoing, in the middle of a formal police investigation into Google’s actions.

I question whether the regulator acted appropriately in this instance. The ICO now effectively refuses to investigate Google, while its counterparts in countries such as New Zealand, Australia, Canada, Germany, France, the Czech Republic and Italy all pursue the company on the issue of privacy, and the authorities in South Korea physically raided Google’s offices in the country. In addition, 38 US states have united to probe the company’s behaviour and a thumping class action has also been issued in America.

In Britain alone, the relevant commissioner has not taken the severity of the company’s wrongdoing seriously enough. The ICO has really let the British people down in that regard. We deserve better from those who are given the responsibility of protecting our privacy. After all, the Metropolitan police are currently investigating Google over this issue. If the allegations against Google merit an investigation by the police, who have to consider the criminal standard of fault, how is it plausible to say that those allegations do not merit an investigation by the ICO? I also question how sensible it is for the regulator to issue a press release when a Metropolitan police investigation is still under way.

To be fair, Google is hardly the only offender in privacy terms. Other hon. Members have mentioned sites such as Facebook, which I personally use avidly to communicate with more than 1,000 of my constituents. More generally, all the social networking media have privacy issues, but of all the providers and organisations working online, Google is the only one that I know of that has roamed the streets, taking data from the airwaves. That puts them in a special category.

Apart from the seizing of data by Google cars for Street View, like most companies in the online space, Google can generally defend its products when challenged about privacy or intrusiveness by pointing to the implied or explicit consent of users to surrender or generate data that will be retained by the company. However, that does not apply to Street View images, which are of homes whose owners have not consented to having such images shared and of members of the public who have not consented to having their bodies displayed.

In conclusion, this is perhaps the largest invasion of privacy ever to happen in the private sector in the UK. Moreover, it appears that it was only halted after the company involved got caught. So I am pleased that we have been able to debate these issues fully in Westminster Hall today, and once again I congratulate my hon. Friend on securing this important debate.