When you think of “the usual” privacy risks you think of things like brand and reputation damage, fines, and increased regulations. You don’t think of jail time for executives. But jail time is exactly what some Google executives face if an Italian prosecutor has his way.
The arrest of Peter Fleischer, Google’s Paris-based Global Privacy Counsel, in Milan on January 23 stems from video that was briefly available on Google’s site in Italy. The video showed high school students bullying a classmate with Down Syndrome. Google took down the video in less than 24 hours after receiving complaints about it. The view of Milan’s public prosecutor is that permitting posting of the video for any period of time was a criminal offense. Fleischer and three other Google employees have been charged with defamation and failure to control personal information.
In our forthcoming report, Bob and I explore the contextual nature of privacy. Google clearly operates in multiple geographic and legal contexts. In the US, Google enjoys protections similar to those afforded “common carriers”. However, in Italy, Google is being treated as a content provider and not a content distributor, and thus is not receiving any such protection.
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