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 states that “if we believe we can save someone from death or serious bodily harm,” they may give information to government agencies. This could be in cases such as bomb threats, school shootings and kidnappings. 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.
According to policy, “We may not provide notice in emergencies such as threats to child safety or to life. In which case, we’ll notify if we discover that the emergency has ended.”
The company later stated that the TOS is in compliance with the law.
After the publication of the article, a spokesperson for Google told CNET that they comply with the terms of their service and the site. This legal basis is provided in the Electronic Communications Privacy act, which allows a provider such as Google to disclose information to law enforcement, without a subpoena, warrant, or a warrant, “if they believe that there’s a danger of serious injury or death to anyone, and the communication must be completed immediately.”
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. Although we have not done so to date, it is important to note that we retain the right.
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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