[Web4lib] "Using Google Analytics is Illegal, German Government Officials Claim"

Wed Nov 25 12:46:10 EST 2009

Here's a pretty good, (but rough from the German), translation:
http://www.zeit.de/digital/datenschutz/2009-11/google-analytics-datenschutz

Google Analytics Data protection to prevent the use of Analytics

Google helps website operators to learn more about their users. Data
protection but are afraid of collector and request clarification. When in
doubt, with the threat of fines.

© Torsten Silz/ddp
[image: Jeder Klick im Netz hilft vor allem Google, wo man dank Tools wie
Analytics viel über Nutzer weiß - zu viel, wie Datenschützer fürchten]

Each click on the network helps Google in particular, where, thanks to tools
like Analytics knows a lot about users - too much such as data protection
fear

Data protection officers in federal and state governments want the operators
of Web pages - if necessary by sanctions - to persuade, to renounce the use
of Google Analytics. In addition to the Independent Center for Privacy
Protection Schleswig Holstein (ULD) and the Federal Data Protection Officer
is also in their Colleagues in Berlin, Hamburg and the Bavarian authority in
Ansbach, the Conviction by, that the use of Google Analytics, under German
law inadmissible.

Only in the action are emerging differences. The spokesperson of the Berlin
Data Protection Authority Anja Maria Gardain believes that lack of capacity
in the capital only as circumstances require could be examined. However they
also warn the site owner: "This can be at any time. "It is also not yet
decided if only warned or equal to "live ammunition" would.

By using knowledge of the Düsseldorf Xamit Review Society currently over 13
percent of all Germans domains Analytics - including including drug vendors,
political parties and newspapers. TIME also uses the instrument in a portion
of their offer <http://www.zeit.de/hilfe/datenschutz>The ZEITREISEN. Just
four percent observed with other analytical tools. In well 13 million from
the Denic <http://denic.de/> German registered websites makes almost 1,8
million pages, Google to offer services to improve their confidence.

The Stuttgart lawyer Carsten Ulbricht believes that this even threatening
fines<http://www.rechtzweinull.de/index.php?/archives/50-Ist-die-Nutzung-von-Google-Analytics-und-Co-rechtswidrig.html>.
Denn laut Clause 16, paragraph 3,
Telemediengesetz<http://dejure.org/gesetze/TMG/16.html>Fines could be
up to 50,000 euros will be imposed if site operators ask
their users to consent, before they use such tools.

Internet surfers have no way to the observation by Google actively refuse (
"opt-out") they argue. "Without the opt-out, however," says Marit Hansen,
Deputy Head of the Independent Center for Privacy Protection
Schleswig-Holstein, "it is not at all".  Finally, the processing of data in
the U.S. is inadmissible.

The ULD is at the debate, however, moderate, and promotes the Voluntary
completion of an examination. Companies and site operators can check their
offers to the ULD leave and get a seal of approval in doubt about the
handbooks design of the page. But it is also the ULD believe Analytics that
is contrary to German
law<https://www.datenschutzzentrum.de/material/tb/tb31/kap07.htm>"Google
Inc. is expressly acknowledges, in its regulations to be accepted when using
the right one, each of the user with a unique identifier data obtained with
other previously stored data, "something like Gmail link" and share this
information with third parties."

page 2

Data protection to prevent the use of Analytics

At Google you can see everything a little differently. Especially
since onein the license conditions of the analysis
tool<http://www.google.com/intl/de_ALL/analytics/tos.html>assured not
create just such profiles: "Google will in no case Your IP
address with any other data held by Google bring."However, according to
paragraph 15" Modifications of the rules " also: "Google reserves the right
to Terms and conditions of this Agreement at any time [...] [...Change] to
[...] provided that the changes taking into account the interests of Google
for you are reasonable."

Among other things, this point is to make the data protection officials
worried. They fear that Google might profiles of millions of Internet
surfers, with their Interests, habits, Consumer behavior and preferences in
political and sexual Ways to create. The access provider could these
profiles with names and other Data such as address, bank details, Insurance
labeling. All this would be legal, if the IP address would not personally
identifiable.

Whether it is or not, this dispute is not decided yet. Data protection
officials are confident that it is the "unique identifier" of Internet
surfers - the IP address - to a person-date is. Google sees it differently.
And the German law is well not yet agreed on the marriage.

Per Meyerdierks, Data Protection Officer of Google Germany, considers the
data that Google should handle very well in the U.S. since one "Safe Harbor
Agreement <http://de.wikipedia.org/wiki/Safe_Harbor>between the EU and the
U.S. have subjected<http://web.ita.doc.gov/safeharbor/SHList.nsf/f6cff20f4d3b8a3185256966006f7cde/9d486b16464df0648525709b006df57c?OpenDocument&Highlight=2,google>.
The opt-out Google considers to be unnecessary, arguing Users could refuse
the cookies, yes. Profiles were already created any. Furthermore, using a
cookie can tell no one who is actually sitting in front of the computer.
They could still make out not once, if ever a man had visited the site or
else a Program. Be "The cookies," says Meyer Dierks, "After 18 months
irreversibly rendered illegible IP addresses anonymized after nine months. "

Nevertheless, the Düsseldorf district wants an informal association of data
protection supervisors Federal and
Countries<http://de.wikipedia.org/wiki/D%C3%BCsseldorfer_Kreis>At
its meeting at the end of the week a list of demands submit The Web site
operators for the use of legal analysis tools must meet.

On Wed, Nov 25, 2009 at 11:44 AM, Cary Gordon <listuser at chillco.com> wrote:

> I can't translate it verbatim, but the gist is that they claim that
> Google's license language gives them the power to change their terms
> of service at any time, in essence, giving them carte blanche. I
> thinkthey are right.
>
> They also think that there must be an opt-out. I think they are off on this
> one.
>
> It is kind of cool in a brain-dead, zombieesque sort of way, that
> Google AdWords still associates advertisers with content expressing a
> negative view of their products.
>
> Cary
>
> On Tue, Nov 24, 2009 at 1:17 PM, Jennifer O'Donnell
> <jennifer.s.odonnell at gmail.com> wrote:
> > I just came across this article from the Washington Post:
> >
> http://www.washingtonpost.com/wp-dyn/content/article/2009/11/24/AR2009112401493.html
> >
> > I am very interested in reading an English translation of the original
> > article in Die Zeit (
> >
> http://www.zeit.de/digital/datenschutz/2009-11/google-analytics-datenschutz
> ).
> > I would like to understand their rationale.  I would appreciate it if
> > someone can redirect me to a translation of this site.
> >
> > Sincerely,
> >
> > Jennifer O'Donnell
> > _______________________________________________
> > Web4lib mailing list
> > Web4lib at webjunction.org
> > http://lists.webjunction.org/web4lib/
> >
> >
>
>
>
> --
> Cary Gordon
> The Cherry Hill Company
> http://chillco.com
>
>
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