Google and data protectionists argue before federal administrative court

Federal Data Protection Commissioner Hanspeter Thür and Google's lawyers presented their arguments in the dispute over Google Street View to the Federal Administrative Court on Thursday. The ruling from Bern will follow later.

The data protection officer first used a presentation to show that even after automated blurring by Google, individual faces and vehicle license plates are still visible. The implementation of the measures he demanded was necessary and reasonable for Google in order to improve the protection of the privacy of those affected. Visible vehicle license plates could easily lead to the owner being tracked down. It is also to be feared that in future, faces could also be assigned to specific people using certain software. Thür emphasized that he was not calling for a ban on Street View and that he was not anti-technology. However, Google has an obligation to make all recognizable faces and license plates unrecognizable with manual post-processing. This was also financially reasonable for an international company with billions in profits.

It is not acceptable for Google to increase its profits at the expense of personal rights. The information currently available on when and where the Google vehicle is on the road would not be sufficient either. What is needed is additional notification in local media in affected areas.

99 percent of faces made unrecognizable

Google's lawyers argued with the data protection officer that nobody was really interested in the few faces that were still visible. In this respect, it was not about the protection of personal data, which would fall under the Data Protection Act. Currently, 99 percent of all faces are automatically made unrecognizable. This should be sufficient. Thür demanded that Google be "perfect". This demand is disproportionate. Moreover, it is not clear why Google should be banned from doing what others on the internet and in the media are allowed to do without further ado.

Great public and private interest

For example, even the virtual tour offered by the Federal Supreme Court provides insights into gardens and courtyards. Moreover, if a person is still bothered by a photograph, they can ask Google to blur and remove additional images with a few simple clicks. Finally, Google pointed out that there is great public and private interest in Street View. Around a quarter of the Swiss population had already used the service. In addition to private individuals, Street View also benefits students and teachers, the community, tourism and the authorities. Ultimately, the data protection commissioner's complaint was made for purely political reasons. The Federal Administrative Court will now have to make its decision, which will probably take some time. The ruling can then be appealed to the Federal Supreme Court.
 

(Image: Keystone)
 

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