Street View: Google reaches agreement with data protection authorities
On Wednesday, Google reached an agreement with Hanspeter Thür, the Federal Data Protection and Information Commissioner (EDÖB), in connection with the EDÖB's lawsuit against Google Street View.
Google and the FDPIC have reached the following agreement with regard to the precautionary measures requested in the context of this complaint:
- Google agrees not to display any further images taken in Switzerland for Street View in its Street View online service or as part of other products on the Internet until the Federal Administrative Court has issued a final judgment.
- Google undertakes to accept a final judgment of the Federal Administrative Court in the present case and to apply it to the photographs of Switzerland taken for Street View, if and insofar as the judgment so requires.
- Google is also entitled to continue to carry out camera tours in Switzerland. In view of the subsequent outcome of the court proceedings, these are carried out at the user's own risk. These camera images will not be posted on the Internet as defined in section 1 and will remain within the Google Group until the Federal Administrative Court has made its decision and may only be used for non-personal purposes and products.
- Instead of the previous monthly interval, Google will inform users online at least one week in advance in which districts or in the vicinity of which cities photographs are planned for further camera trips in public spaces.
- The FDPIC therefore considers the objectives pursued by the requested precautionary measures to be fulfilled, which is why the corresponding applications for measures to the Federal Administrative Court have been withdrawn.
- The legal positions of the parties in the pending main proceedings remain unaffected by this agreement.
According to Peter Fleischer, Google's data protection officer, the company is pleased to have reached an agreement with Hanspeter Thür, under which photographs can continue to be taken for Street View. However, no additional images will be uploaded until the Federal Administrative Court has made its decision.
- Google agrees not to display any further images taken in Switzerland for Street View in its Street View online service or as part of other products on the Internet until the Federal Administrative Court has issued a final judgment.
- Google undertakes to accept a final judgment of the Federal Administrative Court in the present case and to apply it to the photographs of Switzerland taken for Street View, if and insofar as the judgment so requires.
- Google is also entitled to continue to carry out camera tours in Switzerland. In view of the subsequent outcome of the court proceedings, these are carried out at the user's own risk. These camera images will not be posted on the Internet as defined in section 1 and will remain within the Google Group until the Federal Administrative Court has made its decision and may only be used for non-personal purposes and products.
- Instead of the previous monthly interval, Google will inform users online at least one week in advance in which districts or in the vicinity of which cities photographs are planned for further camera trips in public spaces.
- The FDPIC therefore considers the objectives pursued by the requested precautionary measures to be fulfilled, which is why the corresponding applications for measures to the Federal Administrative Court have been withdrawn.
- The legal positions of the parties in the pending main proceedings remain unaffected by this agreement.
According to Peter Fleischer, Google's data protection officer, the company is pleased to have reached an agreement with Hanspeter Thür, under which photographs can continue to be taken for Street View. However, no additional images will be uploaded until the Federal Administrative Court has made its decision.
