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Bipartisan Group of House Members Questions Google About New Privacy Policy, Stresses Need for Opt-Out Option

A bipartisan group from the House of Representatives sent a letter today to Google Chief Executive Officer Larry Page asking that he answer a series of questions about the privacy changes Google announced earlier this week.

Google introduced its changes in a Jan. 24, 2012 post on the Official Google Blog titled “Updating our privacy policies and terms of service”, which began with a discussion of the merits of “shorter, simpler privacy policies” and went on to explain that “[o]ur new Privacy Policy makes clear that, if you’re signed in, we may combine information you’ve provided from one service with information from other services.  In short, we’ll treat you as a single user across all our products, which will mean a simpler, more intuitive Google experience.” 

Google’s announcement has prompted extensive coverage in the press, the blogosphere and elsewhere, including a Jan. 24, 2012 Washington Post article reporting that Google “will soon know far more about who you are and what you do on the Web” as the company “combin[es] data across its Web sites to stitch together a fuller portrait of users” and that “[c]onsumers won’t be able to opt out of the changes . . . .”

The House group (Reps. Henry A. Waxman, Cliff Stearns, Edward J. Markey, Joe Barton, Diana DeGette, Marsha Blackburn, G.K. Butterfield, and Jackie Speier) informed Mr. Page that

Google’s announcement raises questions about whether consumers can opt-out of the new data sharing either globally or on a product-by-product basis.  We believe that consumers should have the ability to opt-out of data collection when they are not comfortable with a company’s terms of service and that the ability to exercise that choice should be simple and straightforward.

The eleven detailed questions posed to Google cover a broad range of Google’s data-collection and -management practices, and ask that Google describe, among other things, all information currently collected from consumers and how that will change under the new privacy policy, how a user’s information is collected, how Google will use the new information it collects, Google’s current and prospective sharing of data across Google products and services, and Google’s current and prospective archiving of user data.  The group’s letter also asks that Google explain whether

consumers will have the option to opt-out of any data collection, usage practices, and information sharing between Google’s many services, including Gmail, Google Search, and YouTube.  If so, how can a consumer make this request successfully?  If not, why not?

Earlier today, Google announced that it will open its Google+ social network to teenagers.  While the legislators’ letter does not refer to that announcement (and may have been sent before word of the Google+ change was announced), their letter to Mr. Page asks whether Google “plan[s] to offer distinct privacy protections for children and teens”.

In addition, in a statement released today, Rep. Markey said that he plans “to ask the Federal Trade Commission whether Google’s planned changes to its privacy policy violate Google’s recent settlement with the agency.”  (As I noted in my Jan. 16 post, the FTC has also been asked to examine the competition and privacy implications of Google’s Jan. 10, 2012 introduction of “Search, plus Your World,” integrating the Google+ social network into Google’s search results, including the extent to which the search service changes comply with the terms of Google’s 2011 settlement of the FTC’s investigation into Google’s earlier social network service, Google Buzz.)

This afternoon, Betsy Masiello, Policy Manager at Google, posted a comment on the Google Public Policy Blog in which she addressed several points that have been raised in the wake of Google’s Jan. 24 announcement, noting:

A lot has been said about our new privacy policy.  Some have praised us for making our privacy policy easier to understand.  Others have asked questions, including members of Congress, and that’s understandable too.  We look forward to answering those questions, and clearing up some of the misconceptions about our privacy policies that first appeared in the Washington Post.

The lawmakers asked that Google respond to their questions no later than Feb. 16, 2012.

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