Google fined for Street View images of woman’s cleavage

Canadian Judge takes ‘European’ approach for violating plaintiff’s ‘modesty and dignity’

Google’s Street View service has met resistance from data protection regulators in various countries including Germany, Italy and the UK. Photograph: Chris Ison/PA
Google’s Street View service has met resistance from data protection regulators in various countries including Germany, Italy and the UK. Photograph: Chris Ison/PA

A Canadian woman said she was derided and abused after a Google Street View car captured an image of her outside her house. The tech giant has been fined Canadian $2,250 (€1,600) for an image of the woman's cleavage.

A Canadian court judge ruled that despite being in public, sitting on the steps of her private property, Maria Pia Grillo’s privacy had been disrespected and that her “modesty and dignity” had been violated.

"In addition to malicious comments and humiliation she suffered at work, the plaintiff, in particular, has experienced a significant loss of personal modesty and dignity, two values that she held and are eminently respectable," said judge Alain Breault, describing his approach to the case as "European" and ordering Google to pay a $2,250.

Google declined to comment.

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Ms Grillo had originally sued for $45,000 in damages, including for the “right to have a private life” explaining that despite the image having had her face automatically blurred out, as with all images captured of people by Google’s Street View cars, her house and car registration plate clearly identified her as the subject of the image.

Grillo said that she suffered “mockeries, derisions, disrespectful and sexually related comments in relation to the photographs” due to the fact that she was clearly identifiable despite Google’s anonymisation.

The images were captured in March 2009, later released on to the site in October that year. According to court documents Grillo requested Google remove the image, but did not receive a response from the technology company.

“This puts me, my house, my vehicle and my family members that I live with at the mercy of potential predators. I feel very vulnerable knowing that the information is available to anyone with internet access. The damage has been done,” said Ms Grillo in the court documents.

Google’s Street View cars drive around public streets with cameras that capture a 360-degree view of the environment. The images are then stitched together to create a service that allows users to browse streets and buildings from the ground level.

But the service has met resistance from data protection regulators in various countries including Germany, which fined Google €145,000 for "unprecedented privacy violations" and Italy, which recently fined Google €1 million over complaints that the cars capturing images in 2010 were not clearly recognisable. In the United Kingdom Google was told in 2013 to delete data captured about Wi-Fi networks by its Street View cars, or face prosecution by the information commissioner's office. Guardian