Reflecting on Google's GNI Engagement

From Google Public Policy Blog
December 19, 2016 - 1:23pm
 As the year comes to a close, we’re reflecting on Google’s Global Network Initiative (GNI) assessment and some of this year’s important developments in our work to protect the free expression and privacy interests of our users.Last week, in our continued effort to increase transparency around government demands for user data, we made available to the public the National Security Letters (NSLs) Google has received where, either through litigation or legislation, we have been freed of nondisclosure obligations. Our goal in doing so is to shed more light on the nature and scope of these requests. We’ve also supported policy efforts to ensure that the privacy interests of non-U.S. persons are addressed as U.S. policymakers consider government surveillance issues.Earlier this month, we highlighted our efforts to comply with the right to be forgotten in Europe. For much of the last year, we’ve worked to defend the idea that each country should be able to balance freedom of expression and privacy in the way that country sees fit, and not according to another country’s interpretation. One Data Protection Authority, the French Commission Nationale de l'Informatique et des Libertés (the CNIL), ordered Google to delist French right to be forgotten removals for users everywhere. We agree with the CNIL that privacy is a fundamental right — but so, too, is the right to free expression. Any balance struck between those two rights must be accompanied by territorial limits, consistent with the basic principles of international law.These are some examples of Google’s public policy work that illustrate our commitment to the freedom of expression and privacy rights of our users. We know that pressing global issues are best addressed in partnership with with key stakeholders — and the GNI is critical to Google’s efforts.The GNI is at the core of our multi-stakeholder engagement on free expression and privacy issues. Google is proud to be a founding member of the GNI, an initiative that brings together ICT companies with civil society organizations, investors, and academics to define a shared approach to freedom of expression and privacy online. The GNI provides a framework for company operations, rooted in international standards; promotes accountability of ICT sector companies through independent assessment; enables multi-stakeholder policy engagement; and creates shared learning opportunities across stakeholder boundaries.Earlier this year, GNI released the second round of assessments, and announced the board’s determination that Google is compliant with the GNI framework. The assessment is an important tool for companies, NGOs, academics, and others working together to review how companies address risks to privacy and free expression.The assessment process includes a review of relevant internal systems, policies and procedures for implementing the GNI Principles (“the process review”), and an examination of specific cases or examples that show how the company is implementing them in practice (the “case review”).Our cases were selected for their salience to our approach to implementing the GNI Principles, taking into consideration Google’s products and services, geographical footprint, operating environments, and human rights risk profile. In addition, to the Google-specific cases discussed in GNI’s public assessment report, we wanted to provide additional examples to illustrate the types of non-U.S. cases reviewed.Request for user dataA request was made for Gmail user information by a federal police department. A key part of our process is making sure that the requests we receive are appropriately supported by legal process. In this case, we found that the initial request was inadequate due to failure to have a judicial stamp or signature, and we therefore pushed back, as we would not comply unless the request was judicially authorized. Once these items were obtained and, we determined that it was a valid legal request (including that it was not overbroad), we complied with the request.Request for removalA request for Blogger content removal was made by a regulatory agency. The requestor claimed that content was subject to removal under the country’s statute prohibiting appeals to mass riots, extremist activities, and mass actions against established order. In reviewing the request, we determined that the content did not violate our terms of service.  We then responded by requesting a copy of th


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