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Google Says Its Gmail Users Have No “Legitimate Expectation” Of Privacy

According to information obtained at RT.com Google has stated that it thinks its users should never expect data privacy for their emails. The Information that was spotted by the Consumer Watchdog was used by Google to challenge an ongoing litigation. In that litigation Google used an argument that Gmail users should assume any electronic correspondence passed through Google servers can be accessed and used for an array of options including selling adverts to them.

Just as a sender of a letter to a business colleague cannot be surprised that the recipient’s assistant opens the letter, people who use Web-based email today cannot be surprised if their emails are processed by the recipient’s [email provider] in the course of delivery,” the motion reads in part. “Indeed, ‘a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.’”

The legal case against Google stated that their procedure of scanning every email was illegal. Google claims it isn’t and it is “in their ordinary course of business.” Furthermore Google claims that its customers “are contractually bound to Google’s terms. Indeed, they devote much of the Complaint to attacking the disclosures in the TOS and Privacy Policy in an effort to avoid this express contractual consent.”

The Consumer Watchdog Privacy Project Director John M Simpson hit back at Google’s business colleague analogy, above, by stating that:

Google’s brief uses a wrong-headed analogy; sending an email is like giving a letter to the Post OfficeI expect the Post Office to deliver the letter based on the address written on the envelope. I don’t expect the mail carrier to open my letter and read it. Similarly when I send an email, I expect it to be delivered to the intended recipient with a Gmail account based on the email address; why would I expect its content will be intercepted by Google and read?”

What are your thoughts on Google’s interpretation of Gmail privacy?

Image courtesy of Google

Ryan Martin

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