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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Forget the progressive alliance - it was the voters wot won it in Richmond

The Labour candidate on how voters have acted tactically for decades.

The Richmond Park by-election is both a triumph and a setback for the concept of an anti-Tory progressive alliance. As the Labour candidate, I was bombarded with emails and tweets saying I ought to stand down to prevent Zac Goldsmith being re-elected long after it was technically impossible for me to do so even if I had wanted to. I was harangued at a meeting organised by Compass, at which I found myself the lonely voice defending Labour's decision to put up a candidate.

I was slightly taken aback by the anger of some of those proposing the idea, but I did not stand for office expecting an easy ride. I told the meeting that while I liked the concept of a progressive alliance, I did not think that should mean standing down in favour of a completely unknown and inexperienced Lib Dem candidate, who had been selected without any reference to other parties. 

The Greens, relative newbies to the political scene, had less to lose than Labour, which still wants to be a national political party. Consequently, they told people to support the Lib Dems. This all passed off smoothly for a while, but when Caroline Lucas, the co-leader of the Greens came to Richmond to actively support the Lib Dems, it was more than some of her local party members could stomach. 

They wrote to the Guardian expressing support for my campaign, pointing out that I had a far better, long-established reputation as an environmentalist than the Lib Dem candidate. While clearly that ultimately did little to boost my vote, this episode highlighted one of the key problems about creating a progressive alliance. Keeping the various wings of the Labour party together, especially given the undisciplined approach of the leader who, as a backbencher, voted 428 times during the 13 years of Labour government in the 1990s and 2000s, is hard enough. Then consider trying to unite the left of the Greens with the right of the Lib Dems. That is not to include various others in this rainbow coalition such as nationalists and ultra-left groups. Herding cats seems easy by contrast.

In the end, however, the irony was that the people decided all by themselves. They left Labour in droves to vote out Goldsmith and express their opposition to Brexit. It was very noticeable in the last few days on the doorstep that the Lib Dems' relentless campaign was paying dividends. All credit to them for playing a good hand well. But it will not be easy for them to repeat this trick in other constituencies. 

The Lib Dems, therefore, did not need the progressive alliance. Labour supporters in Richmond have been voting tactically for decades. I lost count of the number of people who said to me that their instincts and values were to support Labour, but "around here it is a wasted vote". The most revealing statistic is that in the mayoral campaign, Sadiq Khan received 24 per cent of first preferences while Caroline Pidgeon, the Lib Dem candidate got just 7 per cent. If one discounts the fact that Khan was higher profile and had some personal support, this does still suggest that Labour’s real support in the area is around 20 per cent, enough to give the party second place in a good year and certainly to get some councillors elected.

There is also a complicating factor in the election process. I campaigned strongly on opposing Brexit and attacked Goldsmith over his support for welfare cuts, the bedroom tax and his outrageous mayoral campaign. By raising those issues, I helped undermine his support. If I had not stood for election, then perhaps a few voters may have kept on supporting him. One of my concerns about the idea of a progressive alliance is that it involves treating voters with disdain. The implication is that they are not clever enough to make up their mind or to understand the restrictions of the first past the post system. They are given less choice and less information, in a way that seems patronising, and smacks of the worst aspects of old-fashioned Fabianism.

Supporters of the progressive alliance will, therefore, have to overcome all these objections - in addition to practical ones such as negotiating the agreement of all the parties - before being able to implement the concept. 

Christian Wolmar is an award winning writer and broadcaster specialising in transport. He was shortlisted as a Labour mayoral candidate in the 2016 London election, and stood as Labour's candidate in the Richmond Park by-election in December 2016.