![\"Google](\"http:\/\/news.bbcimg.co.uk\/media\/images\/47874000\/jpg\/_47874239_47874224.jpg\")
<\/p>\nWednesday, 9 June 2010 18:36 UK<\/p>\n
Google is “almost certain” to face prosecution for collecting data from unsecured wi-fi networks, according to Privacy International (PI).<\/p>\n
<\/p>\n
The search giant has been under scrutiny for collecting wi-fi data as part of its StreetView project.<\/p>\n
Google has released an independent audit of the rogue code, which it has claimed was included in the StreetView software by mistake.<\/p>\n
But PI is convinced the audit proves “criminal intent”.<\/p>\n
“The independent audit of the Google system shows that the system used for the wi-fi collection intentionally separated out unencrypted content (payload data) of communications and systematically wrote this data to hard drives. This is equivalent to placing a hard tap and a digital recorder onto a phone wire without consent or authorisation,” said PI in a statement.<\/p>\n
This would put Google at odds with the interception laws of the 30 countries that the system was used in, it added.<\/p>\n
Scotland Yard<\/p>\n
“The Germans are almost certain to prosecute. Because there was intent, they have no choice but to prosecute,” said Simon Davies, head of PI.<\/p>\n
In the UK the ICO has said it is reviewing the audit but that for the time being it had no plans to pursue the matter.<\/p>\n
PI however does intend to take the case to the police.<\/p>\n
“I don’t see any alternative but for us to go to Scotland Yard,” said Mr Davies.<\/p>\n
The revelation that Google had collected such data led the German Information Commissioner to demand it handed over a hard-disk so it could examine exactly what it had collected.<\/p>\n
It has not yet received the data and has extended the original deadline for it to be handed over.<\/p>\n
The Australian police have also been ordered to investigate Google for possible breach of privacy.<\/p>\n
‘Systematic failure’<\/p>\n
According to Google, the code which allowed data to be collected was part of an experimental wi-fi project undertaken by an unnamed engineer to improve location-based services and was never intended to be incorporated in the software for StreetView.<\/p>\n
“As we have said before, this was a mistake. The report today confirms that Google did indeed collect and store payload data from unencrypted wi-fi networks, but not from networks that were encrypted. We are continuing to work with the relevant authorities to respond to their questions and concerns,” said a Google spokesman.<\/p>\n
“This was a failure of communication between and within teams,” he added.<\/p>\n
But PI disputes this explanation.<\/p>\n
“The idea that this was a work of a lone engineer doesn’t add up. This is complex code and it must have been given a budget and been overseen. Google has asserted that all its projects are rigorously checked,” said Mr Davies.<\/p>\n
“It goes to the heart of a systematic failure of management and of duty of care,” he added.<\/p>\n
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