By Alexei Oreskovic and Michael Sin
SAN FRANCISCO, Feb 14 (Reuters) - Google Inc's
privacy practices are drawing heat after an Australian software
developer said the company was providing him with personal
information, including email addresses, of everyone who
purchased his mobile app.
The information that Google shared, which included
customers' full names, email and some postal code information,
was not the result of a glitch with its software. Rather it
appears to be in accordance with Google's existing policies for
its app store and its Google Wallet payment service - though
some privacy advocates believe Google has not been clear enough
in informing consumers about the practice.
Google has "buried" the notice about how it shares users'
personal information in fine print rather than obtain the
express consent of users, said Marc Rotenberg, executive
director of the Electronic Privacy Information Center.
"Meaningful consent is about people understanding what
they're getting into. It's about not tricking them," said
Rotenberg. "In a situation like this, where people just don't
know what information is being transferred or who it's going to
or for what purpose, it seems ridiculous to say that Google has
consent."
The episode represents the latest privacy flare-up for
Google, the world's No.1 search engine. In August, Google agreed
to pay a $22.5 million fine to settle charges that it bypassed
the privacy settings of customers using Apple Inc's Safari
browser. Google also settled a privacy investigation by the
Federal Trade Commission 2011 related to its rollout of the
now-defunct Buzz social networking service.
Other Web companies, including Facebook Inc, have
also drawn scrutiny over their privacy practices and entered
into settlements with regulators.
Google said in an emailed statement that "Google Wallet
shares the information needed to process transactions, and this
is clearly stated in the Google Wallet Privacy Notice."
EPIC's Rotenberg said he believed that Google may be
violating its 2011 settlement with the FTC.
Developer Dan Nolan broke the issue online in a blog post on
Tuesday: "This is a massive oversight by Google. Under no
circumstances should I be able to get the information of the
people who are buying my apps unless they opt into it and it's
made crystal clear to them that I'm getting this information."
Nolan's app, which automatically generates insults in the
style of a well-known Australian politician, has been a
best-seller on Apple Inc iPhone. Nolan recently
released a version of the app for smartphones that rely on
Google's Android operating system.
He told Reuters that Google acts as a marketplace when an
app is purchased, hence the transactions occur directly between
developer and the purchaser.
"The way the system is designed, it (the information) is not
what a user would expect to hand over," said Nolan. "If you buy
something on the iOS app store, you purchase it off Apple, and
they pass the money to the developer."
The Google Wallet privacy notice states that Google will
share users' personal information with other companies "as
necessary to process your transaction and maintain your
account."
That's different than the way Apple's App Store works.
According to an Apple spokesman, the company only shares general
information about the number of downloads with third-party app
developers. Apple does not pass along personal information, such
as email, except with publications available through its
Newsstand store, if customers agree to it.
Barry Schwartz, an app developer and editor for the online
blog Marketing Land, said he was pleased with Google's policy of
passing along customer information to developers, since it made
it easier for developers to directly handle customer service
issues, such as refunds.
"I want to be able to service my customers, and yes, they
are my customers, not Google's and not Apple's customers. They
download our products," Schwartz wrote.
But Joel Reidenberg, Director of the Center on Law and
Information Policy at Fordham University School of Law, said
Google and other online and mobile services needed to be more
transparent about what personal information was being shared
with third-party firms.
"When you buy an app, you could have a pop-up that tells you
this is the information that's going to the app developer," he
said.
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