Internet search giant Google says demands by governments for user information are at an all-time high.
In its latest Transparency Report, Google says government requests worldwide for user data related to search engine traffic increased 29% from 2014 to 2015.
According to Google, in the second half of 2015, it received more than 40 000 requests for data related to more than 81 000 user accounts. That compares to the first half of the year when Google received about 35 000 requests related to about 69 000 accounts.
The US accounted for the largest share, with 12 523 requests, followed by Germany (7 491), France (4 174) and Britain (3 497).
However, the report shows no information about such requests from the South African government.
Like other technology and communications companies, Google says it regularly receives requests from governments and courts around the world to hand over user data. Several search engines and social media sites voluntarily offer annual or semi-annual transparency reports related to state and federal law enforcement information requests about user data.
"Google is proud to have led the charge on publishing these reports, helping shed light on government surveillance laws and practices across the world," says Google legal director Richard Salgado.
Judicial process
ICT veteran Adrian Schofield says governments are asking for more data because it exists. "As the masses of stored data increase, together with the relative ease of accessing that data, it is logical that security services will endeavour to use the data to support their operations."
However, he points out all requests should only be allowed within a proper judicial process that protects the rights of individuals.
"If granting the request enables the capture and prosecution of a criminal who had made you the victim, you would fully support it. If granting the request enabled the ruling party to investigate your political activities, you would strongly object."
World Wide Worx MD Arthur Goldstuck says most government agencies involved in law and intelligence tend to regard privacy as a bad thing, and tyrannical governments see it as the enemy of their control and power.
"Governments like China and those of the Arab countries are particularly restrictive of online rights and have little respect for privacy, so one can always expect attempts from those authorities to undermine privacy and other rights," he notes.
"If the requests relate to criminal activity as reasonable people understand crime, then of course it's a good thing. If it relates to political activity, it is a symptom of the evils of tyranny, and must be rejected."
Goldstuck is of the view that there are many legitimate reasons for police and justice authorities to request data from the likes of Google and Facebook. "In particular, threats or commission of violence, and harassment of individuals, is sufficient cause to hand over data."
Jon Tullett, IDC's research manager for IT services, Africa, says the Internet is ever more relevant to investigations, particularly law enforcement activity. "It's to be expected that governments and their agencies would seek data from service providers in the course of these investigations. This is a predictable evolution as we become an increasingly Internet-first society."
He notes that provided the requests are made in accordance with due process and judicial oversight, yes, it's a perfectly healthy manifestation of law enforcement and intelligence.
"That is a very big 'provided', though, and you have to remember that there is a vast range of governments and agencies across the world. For a global player like Google, that means a lot of due diligence when processing requests, since they are expected to prioritise their users' privacy."
SA snub
On why the Google Transparency Report shows "zero" requests from the South African government, Tullett says the government has, in fact, made several requests of Google, just none in the latest reported period.
In a similar report last year, Google reported the South African government made 18 user data request for 20 user accounts between July 2013 and December 2014.
"The obvious question is why hasn't Google fulfilled those requests; to which the answer is presumably that they didn't meet Google requirements. If they had, Google would have answered them," Tullett says.
Goldstuck concurs, saying in the previous 18 months, the South African government had made about a dozen requests to Google, and all were rejected.
"It seems they simply gave up. However, requests are made to other organisations, like Facebook, and some of these are acceded to when criminal cause can be shown."
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