Google faces EU crackdown over privacy violations

January 2012's privacy policy comes under fire.

The EU is considering a "co-ordinated crackdown" on Google after it ignored requests from regulators to delay the imposition of its new privacy policy until they had cleared it for compliance with data protection law.

The policy was announced last January (though it only came into effect in March), and allowed Google to mix personal data from all its subsidiaries, particularly Youtube, which had hitherto been cordoned off. The new internal user profiles this enabled the company to create are of great value to advertisers, but the company also trumpeted the improved experience it could offer users, saying at the time:

Our privacy policies have always allowed us to combine information from different products with your account — effectively using your data to provide you with a better service. However, we’ve been restricted in our ability to combine your YouTube and search histories with other information in your account. Our new privacy policy gets rid of those inconsistencies so we can make more of your information available to you when using Google.

The EU didn't agree, and asked the company to hold off implementation until it had held an investigation on whether it complied with EU data protection law. The probe, which began in mid-March, finally reported back in October, and found that the new policy did indeed breach EU law. The French data protection commission, the CNIL, which led the investigation, had recommended a number of changes, such as easier opt-outs for advertising. But the company insists its policy already complies with EU law.

As a result, the CNIL is organising a co-ordinated response to Google, since, as the head of the commission told the Wall Street Journal on Monday, "we're better armed when we speak with one voice than when each country takes its own steps".

The EU hasn't played the situation brilliantly. The fact that its investigation only reported back in October, over six months after it began, is proof of severe regulatory overreach; and it would have been an unnecessary and unsupportable restraint on Google to have asked it to hold off on what was a major business decision for that entire period.

Nonetheless, Google appears to be continuing a trend amongst Silicon Valley — exemplified by Facebook in its squabble with the Irish data protection commission over facial recognition data — of assuming that the regulations of the countries it operates in don't apply to it. The EU has considerably stricter data protection laws than the US, and while some of them, such as the ill-fated cookie directive, are worthy of being ignored, others provide genuine protection for the consumer.

Google maintains that "we have engaged fully with the CNIL throughout this process and will continue to do so," but the EU's privacy group will vote on whether to take action against the company at the end of February.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Want to know how you really behave as a doctor? Watch yourself on video

There is nothing quite like watching oneself at work to spur development – and videos can help us understand patients, too.

One of the most useful tools I have as a GP trainer is my video camera. Periodically, and always with patients’ permission, I place it in the corner of my registrar’s room. We then look through their consultations together during a tutorial.

There is nothing quite like watching oneself at work to spur development. One of my trainees – a lovely guy called Nick – was appalled to find that he wheeled his chair closer and closer to the patient as he narrowed down the diagnosis with a series of questions. It was entirely unconscious, but somewhat intimidating, and he never repeated it once he’d seen the recording. Whether it’s spending half the consultation staring at the computer screen, or slipping into baffling technospeak, or parroting “OK” after every comment a patient makes, we all have unhelpful mannerisms of which we are blithely unaware.

Videos are a great way of understanding how patients communicate, too. Another registrar, Anthony, had spent several years as a rheumatologist before switching to general practice, so when consulted by Yvette he felt on familiar ground. She began by saying she thought she had carpal tunnel syndrome. Anthony confirmed the diagnosis with some clinical tests, then went on to establish the impact it was having on Yvette’s life. Her sleep was disturbed every night, and she was no longer able to pick up and carry her young children. Her desperation for a swift cure came across loud and clear.

The consultation then ran into difficulty. There are three things that can help CTS: wrist splints, steroid injections and surgery to release the nerve. Splints are usually the preferred first option because they carry no risk of complications, and are inexpensive to the NHS. We watched as Anthony tried to explain this. Yvette kept raising objections, and even though Anthony did his best to address her concerns, it was clear she remained unconvinced.

The problem for Anthony, as for many doctors, is that much medical training still reflects an era when patients relied heavily on professionals for health information. Today, most will have consulted with Dr Google before presenting to their GP. Sometimes this will have stoked unfounded fears – pretty much any symptom just might be an indication of cancer – and our task then is to put things in proper context. But frequently, as with Yvette, patients have not only worked out what is wrong, they also have firm ideas what to do about it.

We played the video through again, and I highlighted the numerous subtle cues that Yvette had offered. Like many patients, she was reticent about stating outright what she wanted, but the information was there in what she did and didn’t say, and in how she responded to Anthony’s suggestions. By the time we’d finished analysing their exchanges, Anthony could see that Yvette had already decided against splints as being too cumbersome and taking too long to work. For her, a steroid injection was the quickest and surest way to obtain relief.

Competing considerations must be weighed in any “shared” decision between a doctor and patient. Autonomy – the ability for a patient to determine their own care – is of prime importance, but it isn’t unrestricted. The balance between doing good and doing harm, of which doctors sometimes have a far clearer appreciation, has to be factored in. Then there are questions of equity and fairness: within a finite NHS budget, doctors have a duty to prioritise the most cost-effective treatments. For the NHS and for Yvette, going straight for surgery wouldn’t have been right – nor did she want it – but a steroid injection is both low-cost and low-risk, and Anthony could see he’d missed the chance to maximise her autonomy.

The lessons he learned from the video had a powerful impact on him, and from that day on he became much more adept at achieving truly shared decisions with his patients.

This article first appeared in the 01 October 2015 issue of the New Statesman, The Tory tide