’Astonishing’ verdict in Italy conflicts with European law, claims Google
Three top Google executives have been convicted in Italy for violating the privacy of a teenager with Down’s Syndrome.
The outcome of the case is likely to have broad implications for privacy standards on the internet, and Google is protesting against the verdict.
The executives had faced charges of defamation and failure to exercise control over personal data after a clip was posted on Google Video in Italy showing a boy with Down’s Syndrome being bullied by four classmates.
European Union legislation states that internet service providers (ISPs) are not responsible for monitoring third-party content on their sites, but must remove such content if they receive complaints.
Google removed the video within 24 hours of receiving two complaints, but Italian prosecutors argued that the search company is an internet content provider, rather than an ISP, and is therefore in breach of the same Italian law that regulates newspaper and television publishers.
The case followed a two-year investigation by Italian authorities, and the maximum jail sentence for such charges is three years.
Three of the Google executives involved in the case - chief legal officer David Drummond, global privacy counsel Peter Fleischer and former chief financial officer George Reyes - have been given six-month jail sentences for privacy violations, while a fourth, former Google Video European director Arvind Desikan, has been acquitted.
None of the executives were convicted of defamation.
The case is believed to be the first criminal sanction ever pursued against a privacy professional for his company’s actions.
Matt Sucherman, Google’s European vice president and deputy general counsel, said in a blog post that the ruling means employees of hosting platforms, such as Google Video, are now criminally responsible for content uploaded by users. He also claimed that European law had been ignored.
