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Scanning of e-mails triggers lawsuits

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CIOL Bureau
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Lucas van Grinsven and Bernhard Warner



AMSTERDAM/LONDON: Google Inc.'s free e-mail service Gmail came under fresh fire, when an international privacy rights group said the soon-to-be-launched service violated privacy laws across Europe and elsewhere.



Privacy International, which has offices in the United States and Europe, said it filed complaints with privacy and data-protection regulators in 17 countries in Europe, Canada and Australia. It had already filed an initial complaint in Britain.



"Privacy International alleges that the Gmail service violates privacy law, both in Europe and in other countries. The complaint identifies a wide range of possible breaches of European Union law," director Simon Davies told Reuters.

The world's most popular Internet search engine said earlier this month it would soon start offering a free e-mail service Gmail with one gigabyte of free storage capacity -- more than 100 times that offered by established rivals Yahoo Mail and Microsoft's MSN Hotmail.



Google said Gmail, which is still in test phase, complies with data-protection laws worldwide.



The user terms, however, sparked controversy among consumer advocacy groups and some Internet users because Google said its computers would scan e-mails for keywords to use in sending Gmail users targeted advertisements. It would also keep copies of e-mails even after consumers had deleted them.



Privacy International said these and other terms breach European privacy laws which are stricter than United States privacy laws.



"CONSENT"



European law says that data should not be stored longer than necessary, while 'sniffing' of e-mails is only allowed under certain strict conditions.



"Google actively solicits user feedback on our privacy policies -- if they can be made clearer or otherwise improved, we want to hear about it," Google said in a statement e-mailed to Reuters.



"We look forward to a detailed dialogue with data protection authorities across Europe to ensure their concerns are heard and resolved," the statement added.



An initial UK complaint from Privacy International about Gmail was struck down earlier this month by Britain's Information Commissioner's Officer (ICO), partly because the service has not yet launched commercially.



An ICO spokeswoman said that under EU law, an Internet service is considered lawful as long as it explicitly spells out how the user's details will be handled in the terms of service. "As long as Google is clear and transparent, there is no data protection issue. And, as long as they get user's consent they will be following the EU's privacy and electronic communications directive," an ICO spokeswoman said.

Privacy International argued the communal nature of e-mail renders that "consent" defense meaningless.



"Consent can only be given by a Gmail account-holder. Those who send e-mail to a Gmail customer will have no opportunity to consent to having their e-mail read for keywords," it said.



Google has become a trusted favourite of countless Web surfers, mainly for putting users before commercial interests. For instance, it limits advertising and blocks pop-up windows.



Privacy International filed the complaints in France, Germany, the Netherlands, Greece, Italy, Ireland, Spain, Czech Republic, Belgium, Denmark, Sweden, Portugal, Poland, Austria, Australia and Canada, and also with the European Commission and the Article 29 Data Protection Working Group.



© Reuters

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