Google Street View Not An Invasion of Privacy
A Pennsylvania couple’s privacy rights were not invaded when Google Street View captured images of their residence, outbuildings, and swimming pool, a federal district court ruled.
Aaron and Christine Boring contended that their privacy was invaded and Google was unjustly enriched because the search company’s Street View showed images of their house, which is located off a private road north of Pittsburgh. Google contended that the views of their property were taken from public roads and that Google has a procedure for persons to request that their property be removed from the Street View feature.
The court found that there was no intrusion upon the Boring’s seclusion. “While it is easy to imagine that many whose property appears on Google’s virtual maps resent the privacy implications, it is hard to believe that any—other than the most exquisitely sensitive—would suffer shame or humiliation,” the court wrote. “The plaintiffs have not alleged facts to convince the Court otherwise.”
In addition, the court noted that the Borings “have allowed the relevant images to remain on Google Street View, despite the availability of a procedure for having them removed from view. Furthermore, they have failed to bar others’ access to the images by eliminating their address from the pleadings, or by filing this action under seal. ‘Googling’ the name of the Borings’ attorney demonstrates that publicity regarding this suit has perpetuated dissemination of the Borings’ names and location, and resulted in frequent re-publication of the Street View images. The Plaintiffs’ failure to take readily available steps to protect their own privacy and mitigate their alleged pain suggests to the Court that the intrusion and their suffering were less severe than they contend.”
The court also dismissed the Boring’s claim for unjust enrichment finding that they did not confer “anything of value upon Google.”
Aaron C. Boring; Christine Boring v. Google, Inc., W.D. Penn. No. 08-694, issued February 17, 2009.