Has the Information Commissioner’s Office lost its bottle?

Google breached Data Protection Act but faces no fine.

The news that the Information Commissioner's Office (ICO) will not issue Google with a fine for what it described as a "significant breach" of the Data Protection Act has enraged privacy advocates.

The row centres on Google's capturing of data from unsecured wireless networks via the antennae on its Street View cars, which have been touring this and other countries, ostensibly to photograph street scenes. Google said the capturing of data being broadcast on private wifi networks was a mistake, and that it is "profoundly sorry".

Yesterday the Information Commissioner, Christopher Graham, said:

"It is my view that the collection of this information was not fair or lawful and constitutes a significant breach of the first principle of the Data Protection Act. The most appropriate and proportionate regulatory action in these circumstances is to get written legal assurance from Google that this will not happen again – and to follow this up with an ICO audit."

Not good enough, say privacy advocates. A letter signed by Privacy International, NO2ID, Big Brother Watch, Action on Rights for Children and the Open Rights Group described the decision merely to audit Google in future as "the latest episode in a litany of regulatory failure that brings disrepute on the Commissioner's Office and which calls into question whether the ICO is fit for purpose".

They argue that the ICO has been inept over the Google case from start to finish. It's not the first time the office has been accused of lacking teeth.

True enough, it was a request for information by the German authorities – the ICO was nowhere to be seen – that first uncovered the harvesting of personal data by Street View cars. And though this came to light in April, the ICO only visited Google to take a look at a sample of the data it had gathered in the UK on 15 July. After that visit, it said:

On the basis of the samples we saw we are satisfied so far that it is unlikely that Google will have captured significant amounts of personal data.

It was only after news that Canada and Spain had both ruled that Google's moves had breached their laws that the ICO announced that it, too, does now believe that Google committed a "significant breach" of the Data Protection Act. Yet, despite that finding, the Information Commissioner's Office has said it won't issue a fine – it has the power to issue fines of up to £500,000 – not least because Google has promised not to do it again.

The letter from the privacy groups fumes:

The ICO has completed a full reversal of its position . . . In our view the ICO is incapable of fulfilling its mandate. The Google incident has compromised the integrity of the Office. We can think of very few substantial privacy issues over the past ten years that the ICO has championed. In most cases the Office has become part of the problem either by ignoring those issues or by issuing bizarre and destructive rulings that justify surveillance rather than protecting privacy.

An ICO spokesperson said that it couldn't issue a fine in this case because it would be hard to prove that the breach had caused "substantial harm or substantial distress". Besides, most of the payload data was captured before 6 April, when the ICO was granted its powers to impose fines of up to £500,000. Case closed.

Jason Stamper is NS technology correspondent and editor of Computer Business Review.

Jason Stamper is editor of Computer Business Review

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Let's face it: supporting Spurs is basically a form of charity

Now, for my biggest donation yet . . .

I gazed in awe at the new stadium, the future home of Spurs, wondering where my treasures will go. It is going to be one of the architectural wonders of the modern world (football stadia division), yet at the same time it seems ancient, archaic, a Roman ruin, very much like an amphitheatre I once saw in Croatia. It’s at the stage in a new construction when you can see all the bones and none of the flesh, with huge tiers soaring up into the sky. You can’t tell if it’s going or coming, a past perfect ruin or a perfect future model.

It has been so annoying at White Hart Lane this past year or so, having to walk round walkways and under awnings and dodge fences and hoardings, losing all sense of direction. Millions of pounds were being poured into what appeared to be a hole in the ground. The new stadium will replace part of one end of the present one, which was built in 1898. It has been hard not to be unaware of what’s going on, continually asking ourselves, as we take our seats: did the earth move for you?

Now, at long last, you can see what will be there, when it emerges from the scaffolding in another year. Awesome, of course. And, har, har, it will hold more people than Arsenal’s new home by 1,000 (61,000, as opposed to the puny Emirates, with only 60,000). At each home game, I am thinking about the future, wondering how my treasures will fare: will they be happy there?

No, I don’t mean Harry Kane, Danny Rose and Kyle Walker – local as well as national treasures. Not many Prem teams these days can boast quite as many English persons in their ranks. I mean my treasures, stuff wot I have been collecting these past 50 years.

About ten years ago, I went to a shareholders’ meeting at White Hart Lane when the embryonic plans for the new stadium were being announced. I stood up when questions were called for and asked the chairman, Daniel Levy, about having a museum in the new stadium. I told him that Man United had made £1m the previous year from their museum. Surely Spurs should make room for one in the brave new mega-stadium – to show off our long and proud history, delight the fans and all those interested in football history and make a few bob.

He mumbled something – fluent enough, as he did go to Cambridge – but gave nothing away, like the PM caught at Prime Minister’s Questions with an unexpected question.

But now it is going to happen. The people who are designing the museum are coming from Manchester to look at my treasures. They asked for a list but I said, “No chance.” I must have 2,000 items of Spurs memorabilia. I could be dead by the time I finish listing them. They’ll have to see them, in the flesh, and then they’ll be free to take away whatever they might consider worth having in the new museum.

I’m awfully kind that way, partly because I have always looked on supporting Spurs as a form of charity. You don’t expect any reward. Nor could you expect a great deal of pleasure, these past few decades, and certainly not the other day at Liverpool when they were shite. But you do want to help them, poor things.

I have been downsizing since my wife died, and since we sold our Loweswater house, and I’m now clearing out some of my treasures. I’ve donated a very rare Wordsworth book to Dove Cottage, five letters from Beatrix Potter to the Armitt Library in Ambleside, and handwritten Beatles lyrics to the British Library. If Beckham and I don’t get a knighthood in the next honours list, I will be spitting.

My Spurs stuff includes programmes going back to 1910, plus recent stuff like the Opus book, that monster publication, about the size of a black cab. Limited editions cost £8,000 a copy in 2007. I got mine free, as I did the introduction and loaned them photographs. I will be glad to get rid of it. It’s blocking the light in my room.

Perhaps, depending on what they want, and they might take nothing, I will ask for a small pourboire in return. Two free tickets in the new stadium. For life. Or longer . . . 

Hunter Davies is a journalist, broadcaster and profilic author perhaps best known for writing about the Beatles. He is an ardent Tottenham fan and writes a regular column on football for the New Statesman.

This article first appeared in the 16 February 2017 issue of the New Statesman, The New Times