Privacy Commissioner will not open new investigation into Google Street View

29 May 2012

"I have decided not to open another investigation into Google Street View. In 2010 the Office found Google in breach of the Privacy Act after it was confirmed that Google collected personal information through unsecured WiFi payload data from its Street View vehicles. Google accepted this finding and agreed to the following undertakings:

• Publish an apology to Australians for its collection of unsecured WiFi 'payload' data
• Conduct a Privacy Impact Assessment on any new Street view data collection activities in Australia and provide these to the office
• Regularly consult with the Australian Privacy Commissioner about personal data collection activities in Australia that include personal information

I am satisfied that Google has complied with those undertakings and continues to keep our office informed of new developments. In reaching this decision, I have considered the FCC's report and don't consider that a new investigation would reveal any information that would change our original finding. In the case of the 2010 Google investigation, undertakings were agreed between Google and the office as the Privacy Act does not currently allow me to impose any enforceable undertakings. I am pleased that the Government has introduced a Bill into the Parliament to amend the Privacy Act that will, amongst other things, give me access to enforceable remedies for investigations of this type."