Google says it will provide law enforcement with user information without a warrant in the event of an “emergency.”
CNET reported this week that Google would give police access to a user’s Nest video footage without a warrant in “emergency” situations. The company’s Terms of Service (TOS) paint a concerning picture of the way it values user privacy.
Google’s TOS page indicates that “If we have reason to believe we can stop someone dying or from suffering severe physical harm, then we might provide information” to the government agency. These requests are still considered in the light of our policies and applicable laws.
The policy says it would notify a user if it receives a warrantless request from law enforcement for their data unless an “emergency” exists.
The policy says that “we might not notify in the event of an emergency, such as threats or dangers to the safety and/or life of a child, but we will provide notice if the emergency is over.”
The company later stated that the TOS is in compliance with the law.
CNET was informed by a Google spokesperson that “Consistently with our terms and this website, we do not make any disclosures in emergencies.” This legal basis is provided in the Electronic Communications Privacy act, which allows a provider like Google to disclose information to law enforcement, without a warrant or a subpoena. “This means that if the provider believes there’s a danger of serious injury or death, the provider may communicate with the authorities without delay.
Google further told CNET that it “reserve[s] the right” to provide law enforcement with user data without a warrant during “an ongoing emergency,” but that it has yet to do so.
The spokesperson stated that if there’s an emergency in which Nest data is needed to address the problem, then we can, according to the TOS, send the data to the authorities. We haven’t done it yet, however, it is vital that we keep the option open.
Earlier in the month, NewsBusters reported that Amazon’s Ring doorbell system complied with law enforcement’s warrantless data requests almost a dozen times this year.
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