• Going mainstream. For the first time, both Twitter and Facebook are seeing significant growth in online advertising placed by major companies for brands such as Heineken, Tide, McDonald’s, and Charmin. Major consumer products companies have long struggled with the question of how to reach consumers on their mobile devices, and right now, this appears to

Google Glass (“Glass”) is the most high profile of the new wearable technologies that commentators predict will transform how we live and work.

Until now, the Android-powered glasses were only available in the U.S.  However, as of this week, Glass has been launched in the UK. Now, if you are 18 years old, have a UK credit card and address and a spare £1,000, you can purchase your own Glass and see what the fuss is all about.

Google has stated that it selected the UK for its second market because “[the UK] has a history of embracing technology, design and fashion and … there’s a resurgence happening in technology in the UK”.  But perhaps it is also because the UK’s data protection regulator, the Information Commissioner’s Office (ICO), has a reputation for being one of the more pragmatic privacy regulators in Europe. Because, for all its exciting technological benefits, Glass raises some thorny legal issues, in particular in relation to privacy.  In this alert we will address some of those key issues.

WHAT IS GOOGLE GLASS?

As many readers will already be aware, Glass is a form of wearable technology that gives its users hands-free access to a variety of smartphone features by attaching a highly compact head-mounted display system to a pair of specially designed eyeglass frames. The display system connects to a smartphone via Bluetooth. Glass can run specialised Android apps known as “Glassware”. In its current form, Glass can pull information from the web, take photographs, record videos, make and receive phone calls (via the Bluetooth smartphone connection), send messages via email or SMS, notify its user about messages and upcoming events, and provide navigation directions via GPS.  Although Glass is still in the testing stage and boasts only a modest set of features, the prototype device has already caused quite a stir. In particular, it has some triggered significant privacy concerns.

PRIVACY

In terms of privacy, Glass throws up a variety of issues. Due to its functionality, Glass is likely to process two types of data relating to individuals: (i) personal data and meta data relating to the wearer of the Glass (“Glass User”) and (ii) personal data and meta data relating to any member of the general public who may be photographed or recorded by the Glass User (“Public”).  In June 2013, a group of regulators and the Article 29 Working Party, wrote to Google inviting Google to enter into a dialogue over the privacy issues relating to Glass. The letter pointed out that the authorities have long emphasised the importance of privacy by design, but added that most of the authorities had not been approached by Google to discuss privacy issues in detail. In Google’s response it stated that protecting the security and privacy of users was one of its top priorities. Google also identified various steps that it has taken to address privacy concerns, including a ban on facial-recognition Glassware.

PERSONAL DATA OF GLASS USER

As with any smartphone, Google will collect personal data and other meta-data relating to each Glass User. Google will need to comply with its obligations under the UK’s Data Protection Act 1998 (DPA). A key element of such compliance will be putting in place an appropriate privacy policy for Glass Users. However, to date, Google has encountered some difficulties in this regard.

Indeed, in July 2013, the ICO wrote to Google confirming that Google’s updated privacy policy raised serious questions about its compliance with the DPA. In particular, the ICO believed that the updated policy did not provide sufficient information to enable UK users of Google’s services to understand how their data will be used across all of the company’s products. It stated that Google must amend its privacy policy, and failure to take necessary action would leave the company open to the possibility of formal enforcement action.

Google has argued consistently that its privacy policy complies with EU data protection law. To date, no formal action has been taken by the UK, although Google has faced action elsewhere in Europe (e.g. in Spain).


Continue Reading Google Glass Into Europe – A Small Step or a Giant Leap?

From our sister blog, MoFo Tech:

Widely applicable rules regarding consumer privacy disclosures in our increasingly mobile world are only now emerging. Government agencies, individual states, and professional associations are all weighing in on how mobile app developers should disclose how they collect, store, use, and protect the wide range of highly personal data

Article courtesy of Morrison & Foerster’s Mobile Payments Practice

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