National Commission for Data Protection has demanded Google on Thursday. It gives three months Mountain View giant to submit to French law, under pain of financial penalties.
In Google logos in New York on May 21, 2012. (TIMOTHY A. CLARY / AFP) 
By Ariane Nicolas “Do not be malicious.” The informal motto of Google ( “do not be evil” in English) is raising more and more questions. The scandal of the NSA, the U.S. intelligence agency has collected data from companies including web, put on the front of the stage group practices for data collection, considered by some opaque or abusive countries.
In France, the National Commission on Informatics and Liberties (CNIL) has Google residence, Thursday, June 20 It gives three months Mountain View giant to comply with French law, under pain of financial penalties. What does it exactly blame Google? This procedure she has a chance of succeeding? Explanations.
A notice solemn
March 2012, Google has a new privacy policy that merges sixty usage rules into one, bringing together information from several previously separate services. Fifteen months later, “Google is still not in compliance with the national law” , by Isabelle Falque-Pierrotin, President of the CNIL. The latter identifies “a series of failures” that make the user “is not able to know the use that may be made of the data and control.”
Faced with these accusations, the U.S. group simply repeated Thursday, word for word, it provides the same comment from the beginning of the litigation. “Our privacy policy complies with EU law and allows us to provide simpler and more effective services. We fully involved throughout the interaction with data protection authorities and will continue to do so . “ It seems unlikely that Google change policy in three months.
Allies abroad
But France is not alone in this legal battle. On March 19, representatives of Google have been received by a working group led by the CNIL, bringing protection authorities of Germany, Spain, Italy, the Netherlands and the United Kingdom data. “No changes have been implemented” , according to the CNIL various “surveys and control actions” have been undertaken by these countries in early April. Thursday, Spain announced the opening of a sanctions procedure, indicating have found “indications of six offenses, including five serious” on data protection.
the United States as well, Google is also under surveillance. The Federal Trade Commission (FTC), the federal agency that studies including anti-competitive practices, has been condemned Google to pay $ 22.5 million (17 million euros) last year for violating the confidentiality of the engine Apple’s research, Safari, says ZDNet.
the specialized press, the next marketing Google Glasses, described as “Orwellian” by intellectual Noam Chomsky, and Google Drive service are particularly stigmatized: the first permit such as taking photos in a snap, says Business Insider ( article in English ) and the second provides access to information shared by the users, which Google can use at will, analysis The Verge ( article in English ). Google’s competitors have understood: this distrust can be leveraged to attract new customers. Thus, in April, Microsoft released this advertisement with the slogan “Your privacy is our priority.”
A little binding legal arsenal
In its statement, the CNIL pointed out that each of the six countries and may be fined according to the rules in force in its territory. French side, the fine may be up to a maximum of 150,000 euros. “Not enough to impress Google” , explains Florence Chafiol-Chaumont t, specializing in new technologies lawyer in August & Debouzy. In France alone, Google records indeed a turnover of over one billion euros turnover.
More than the financial penalty, the legal harassment and the impact on the image of the group who could play. “All countries have launched investigations have their own procedures. gonna be hell to deal with” takes Florence Chafiol Chaumont. According to her, “the notice may result” , but the goal of the procedure is especially “teaching, it is to awaken citizens’ so that they arm themselves against possible abuse.
long term financial penalties, however, may be more dissuasive. The European Union seeks indeed to adopt a regulation applicable to all countries of the EU, to reform the law relating to online privacy. EU sanctions could force since companies pay fines equal to 2% of global turnover of the company. A device that should not be implemented until 2014 at best.
Victories in other fields
If Google was required to pay a fine in France, it would not be the first time. In 2011, the CNIL has asked the group to pay a fine of € 100,000 due to its service Google Street View, which collected data from people without their permission (face plate, etc.). “In France, it is the largest fine ever imposed against one of the ‘Gafa [Google, Amazon, Facebook, Apple]” says Florence Chafiol Chaumont.
Overseas, a “class action” launched by users against Google and its Google Buzz service has forced the group to pay $ 8.5 million (6.5 million euros) in 2010. No fine here, but a procedure amicably noted PCINpact.
time to time, Google was forced back on numerous occasions under pressure from the authorities: for example, when Google Maps was wrong border between India and China (to read the Times of India, in English) or the service showed the pejorative word “favela” in Brazil (to read the Daily Telegraph, in English). Threats CNIL they find a favorable echo? Response in three months.
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