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Google and privacy: 6 EU countries take action

By Lori Hinnant

Associated Press

Published: Tuesday, April 2 2013 12:41 p.m. MDT

FILE - In this Tuesday, Dec. 6, 2011 file photo, a carpet at the entrance of Google France's new offices before its inauguration by French President Nicolas Sarkozy, in Paris. Google's new privacy policy is under attack from regulators in its largest European markets, who on Tuesday, April 2, 2013 brought legal action to try and force the company to overhaul practices they say let it create a data goldmine at the expense of unwitting users.

Jacques Brinon, Pool-File, Associated Press

PARIS — Google's new privacy policy is under legal attack from regulators in its largest European markets, who want the company to overhaul practices they say let it create a data goldmine at the expense of unwitting users.

Led by the French, organizations in Britain, the Netherlands, Germany, Spain and Italy agreed Tuesday on the joint action, with the ultimate possibility of imposing fines or restrictions on operations across the entire 27-country European Union.

Last year the company merged 60 separate privacy policies from around the world into one universal procedure. The European organizations complain that the new policy doesn't allow users to figure out which information is kept, how it is combined by Google services, or how long the company retains it.

The fines' financial impact on Google would be limited — French privacy watchdog CNIL has the right to fine the company up to 300,000 euros ($385,000), approximately the amount it earns in three minutes, based on its projected revenue of $61 billion this year. Britain can fine up to 500,000 pounds, but rarely does.

But successful legal action would hurt Google's image and could block its ability to collect such data until it addresses the regulators' concerns.

Google dominates the European market for Internet searches. According to one survey, as much as 95 percent of searches in Europe are carried out through Google, compared with about 65 percent in the United States. European regulators have demanded specifics for anyone using Google on what's being collected and a simpler presentation.

Tensions between privacy and the swiftly evolving ability of companies to spin online usage data into vast profits are ramping up, especially in Europe, where privacy laws tend to be strong and nearly every country has a regulatory body. But Internet users have consistently shown a willingness to give up privacy in exchange for convenience and new online services that Google and other tech companies offer.

Google says it merged its myriad privacy policies in March 2012 for the sake of simplicity, and that the changes comply with European laws.

"There is a wider debate going on about personal data and who owns and controls personal data," said Colin Strong, a technology analyst with GfK. "The question is the extent to which consumers understand the value of their personal data and the extent that they are happy with the trade that they're getting."

Each of the six European states bringing legal action against Google has to make its own decision on how to handle perceived violations.

"No one is against Google's objective of simplicity. It's legitimate. But it needs to be accompanied by transparence for consumers and the ability to say yes or no," Isabelle Falque Pierrotin, head of French privacy regulator CNIL, said in a recent interview. "Consumers have the right to know how the information is being used and what's being done with it."

But regulations tend to lag technology, and the delay is more pronounced in a digital age when small bits of information can offer increasingly powerful — and lucrative — insights into the psyches of consumers or voters.

Proposed Europe-wide data protection legislation will take until at least 2015 to be fully implemented. In the meantime, said Falque Pierrotin, the national privacy regulators must ensure that European consumers are not vulnerable.

Johannes Caspar, a German data protection commissioner, said the company's policies were vague — it used the word 'may' dozens of times on a single page when describing its rights to data.

"Many users don't even know what is happening with their data and might worry that their private information is used to produce personality profiles of them," Caspar said.

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