Antitrust Law Daily Wrap Up, PRIVACY NEWS: Connecticut Attorney General Seeks Meeting with Google on “Glass” Privacy Concerns, (Jun 5, 2013)

By John W. Arden, J.D. LL.M.

In a June 3 letter to Google CEO Larry Page, Connecticut Attorney General George Jepson has requested a meeting to address privacy concerns related to Glass, the company’s soon-to-be-released head-mounted computing and recording device.

Many of the functions of Google Glass—looking up information, taking photographs, and sending messages—“essentially mimic” existing smart phone capabilities, according to the attorney general. However, new technology raises new issues and this would be an appropriate time to commence a dialogue about the product and the implications for the privacy of both users and non-users, Jepson wrote.

Perhaps the most concerning to the attorney general are reports indicating that Google Glass, unlike smart phones, may give users the ability to deploy facial recognition when users interact with non-users. “I am encouraged by Google’s recently reported decision to that it does not intend at this time to permit facial recognition capability,” write Jepson. “Reports note, however, that such applications are already under development by third-party developers. It remains unclear if the announced restrictions on facial recognition functionality will either be lifted or circumvented.”

Jepson also expressed concern that Glass may allow the collection of data about users through eye-tracking capabilities and the taking and sharing of photos and video of nonusers more discretely than a smart phone, leading to potentially greater opportunities for abuse and misconduct.

At the proposed meeting, Jepson would like to discuss the following:

• When will Google Glass be made available for purchase?

• What will be the specific features of Google Glass when it is made available and how will those features be designed to minimize privacy intrusions?

• What are the terms of the stated restriction on facial recognition capabilities and what “strong privacy protections” will be implemented before permitting facial recognition capabilities?

• Will Google Glass have eye-tracking capabilities?

• What steps will Google take to limit availability or use of third-party applications that create privacy risks to users and non-users?

• Will Google allow users to store personal information on Glass itself? If so, how will such information be safeguarded in the event the device is stolen or lost?

• What information will Google Glass collect from users and non-users, and will Google seek to obtain consent to collect such information?

News: Privacy ConnecticutNews