Senator LUDLAM-I have a couple of quick questions for the Privacy Commissioner. Ms Curtis, they are based on some comments that you made in the press about Google and their Street View service. They had accidentally somehow harvested a lot of data from open Wi-Fi networks on their way past with that service. You have said, in press at least, that that was a potential breach of the Privacy Act but you would be discussing that matter further with Google. Can you provide us with an update of where that situation is up to?
Ms Curtis-When Google said that it was inadvertently collecting personal information from Wi-Fi networks with Google Street View, we asked Google to come in and meet with us. Assistant Privacy Commissioner Mark Hummerston and his staff met with them. We asked them a series of questions. They
were able to answer some of those but are coming back in detail with some further responses for us.
Senator LUDLAM-Have you set a deadline for those responses from them?
Ms Curtis-I will ask Mark to answer that.
Mr Hummerston-I spoke to the Google representative this morning to check on progress. They said they were obtaining that information from their US headquarters as quickly as possible. We have not set a deadline, but we certainly indicated we would like the information as quickly as possible. They said they will do their best.
Senator LUDLAM-That sounds like it is still in progress. The German Federal Commissioner for Data Protection and Freedom of Information has said that they will be calling on Google to delete any unlawfully collected personal data. Is that same demand coming either from your office or from any other office of the Commonwealth?
Ms Curtis-We have not made that demand of them yet, because we are waiting from some further advice from them; but, to be consistent with the national privacy principles, if data is not needed it should be destroyed. But we want to be certain that we want them to go ahead and do that.
Senator LUDLAM-To their credit, Google have not made the case that this is public information. The comment that I have seen from one of their spokespeople is that they regard it as a screw-up. What is the legal status of Wi-Fi data on open networks if you happen to be driving past and pick it up?
Ms Curtis-That is an interesting question. We have not firmed our legal perspective on it yet, but it would appear that if you have an unsecured Wi-Fi network you probably are publicly broadcasting, so you may expect that others may intercept it. We would be urging people to make sure they secure their networks.
Senator LUDLAM-Is that something that retailers should be telling people when they are installing these devices in the first place? What degree of guidance are they given when they purchase this equipment? That they may well be broadcasting and that information may be public to your neighbours or to anybody else?
Ms Curtis-Education and awareness are very important. They also go to the use of social networking sites as well. People should be very aware of what they are doing, so that may be a likely oucome.
Senator LUDLAM-Does your office have a role in forwarding that kind of education or improvement standards?
Ms Curtis-Under the act we do have education and awareness responsibilities and we do promote privacy as much as we can and educate the public as much as we can. Just recently we worked with the Australian Communications Media Authority and the Department of Broadband, Communications and the Digital Economy on tips for use of your mobile where they are Internet enabled.
Senator LUDLAM-This may be the last estimates session we have before the election so I am wondering whether you could provide for us anything in writing or on notice that would relate to standards either of public advocacy of that sort that you are describing or regulations regarding the capture of material or data on open or unsecured networks? It does seem like a bit of a legal grey area that has been exposed quite dramatically in this instance.
Ms Curtis-As I said, we are undertaking some work internally to try to determine what we think the legal position is.
Senator LUDLAM-What could the parliament or the public expect to come out of that? There would be some internal advice to government presumably, but what about for the rest of us?
Ms Curtis-I would undertake that the office should release some information about helping people to protect their personal information in technology related areas.
Senator LUDLAM-Finally to return to the Street View issue, did the Australian government make any demands or requests of Google? I know in some jurisdictions they are blacking out number plates, faces and other identifiable information. Did the Australian government make any similar calls in that regard?
Ms Curtis-We met with Google Australia before it was rolled out in Australia and we made that suggestion to them that it should occur, and it did occur.
Senator LUDLAM-Apart from those ones-they are just off the top of my head-were there any other requests that you have made?
Ms Curtis-We have regular meetings with Google on various initiatives that they have. I will ask the deputy commissioner if there is anything extra to add.
Mr Pilgrim-During our earlier discussions prior to the rollout of Street View, as the commissioner has mentioned, we did get an undertaking and Street View did move to pixellate such items as people's faces, number plates and cars. They also put in place procedures whereby, if someone was particularly concerned that there was some identifying feature say of their house or something like that, they could approach Google and have that taken down.
Senator Ludlam-Thanks for that. That is all I have.
