This week, the California-based advocacy group, Consumer Watchdog, has exposed the details of their class-action lawsuit against Google for data mining. The lawsuit, which was filed last month, reveals that Google scans Gmail emails for keywords as a way to target specific ads to each user. Several of the plaintiffs in this case are Gmail users who feel that their privacy has been violated. However, a brief filed by attorneys for Google says that Gmail users should assume that any correspondence that’s being passed through Google’s servers can be accessed and used for a variety of options, such as targeted advertising.
The plaintiffs claim that an illegal interception occurs each time an email sent to or from a Gmail account is scanned. Google counters that claim by stating that the automated scanning is outlined in the Terms of Service agreement, which all users must accept in order to use the Gmail service. However, it is important to note that it is not only registered Gmail account users who are susceptible to data mining – any user who sends an email to a Gmail address is vulnerable as well. To address the plaintiffs who are complaining about their emails to Gmail users being scanned and processed, Google’s lawyers have stated:
“While the non-Gmail Plaintiffs are not bound to Google’s contractual terms, they nonetheless impliedly consent to Google’s practices by virtue of the fact that all users of email must necessarily expect that their emails will be subject to automated processing.
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 communications are processed by the recipient’s [email] provider in the course of delivery. Indeed, a person has no legitimate expectation of privacy in information he voluntarily turns over to their parties.”
To put the above statement into perspective, please consider the following analogy provided by John M. Simpson, Consumer Watchdog’s Privacy Project Director: Sending an email is like giving a letter to the Post Office. A person expects that the letter will be delivered based on the address written on the envelope – not that the mail carrier will open the letter and read it before dropping it off at the specified address. Similarly when someone sends an email, the expectation is that the email will be delivered to the intended recipient – not that Google will intercept and read the email before it arrives at the stated email address.
So what does all this mean for your business? It’s important that your company is aware that any information being sent to customers who have a Gmail account is likely to be intercepted. In order to protect company and customer information, Gmail (or any similar type of web-based email service) should be avoided where possible, especially if the email communication holds sensitive or valuable data.
Additionally, web-based email services can be very appealing to start-up companies looking to save money. However, it may end up costing your business in the long run if confidential information is leaked. Although tempting, businesses that are looking to save on costs should consider alternative ways to save on costs instead of registering for a free web-based email service. Even Google has admitted that their service is free for a reason, stating that it would be “virtually impossible” to offer this type of free service without the financial support of advertisers.
It is highly recommended that businesses employ a secure email service, one that is able to provide end-to-end encryption and doesn’t store emails in an unencrypted form. To add an extra layer of security, we also suggest using an Internet Service Provider that is exclusive to businesses (such as TeraGo Networks). Business-only providers have a better understanding of the needs of companies, including the need to keep all information secure.
To learn more about the lawsuit against Google, click here.
If you would like to learn more about TeraGo Networks, click here.
Blog Author: Vanessa Hartung
