TRUSTe - Make Privacy Your Choice

Who Can Access Your Digital Footprint?

By Candice Stewart

Few people are aware of the consequential data trail left behind by simply browsing the Internet, and those who are aware typically trust that sufficient precautions are taken by ISPs and Web sites to protect such sensitive data. But what happens when a Web site's user records become evidence in a legal case?

Earlier this month, U.S. District Judge Louis L. Stanton of New York granted Viacom full access to the YouTube data logs after Viacom and other entities claimed the files could be used to support their copyright case against the video site. Unlike cases in the past which have generally targeted files belonging to select individuals, Viacom has obtained access to the entire YouTube data storehouse to glean evidence against Google, Inc.

The data in question contains users' IP addresses and login IDs which is generally considered anonymous, but can be traced back to an individual's hometown or even place of work. Privacy advocates and some officials fear the data released by Google may inadvertently go public and could somehow be linked back to specific users.

TRUSTe founder, the Electronic Frontier Foundation, and other privacy authorities urge Google to appeal the court order. Privacy advocates also encourage companies to shorten the retention time of such data to help lessen the scope of consumer vulnerability in the event of either a security breach or, as in the Google case, a court subpoena. To decrease liability and increase consumer protection, TRUSTe urges companies to collect only data that has a legitimate business purpose – if you do not need the data, do not ask for it, and do not store it.