Google expected to avoid regulation

U.S. giant unlikely to be punished for location data collection

By Yoon Sung-won

Google has been suspected of collecting Android-based mobile device users’ location data without their consent.

Expectations are that, however, the California-based enterprise is unlikely to face restriction here due to loopholes in Korea’s regulatory system on irregularities by foreign-based IT companies.

On Nov. 23, the Korea Communications Commission (KCC) said it started investigating the allegation Google has collected location data of smartphones using Android mobile operating system behind users’ backs.

The commission said it is looking into possible breach of private data and location information rights of Android smartphones users here.

Under the current location information law here, those who collect others’ location information without their consent can be subject to criminal punishment of a five-year jail term or a fine of 50 million won.

Consequently, the KCC cannot put an administrative restriction such as imposing a penalty even when it reveals an irregularity in its investigation.

A bigger problem is it is difficult for Korean authorities to properly investigate or prosecute a foreign-based IT enterprise, which has key systems and decision-makers outside the country’s jurisdiction.

Previously in 2011, the prosecution investigated Google over an allegation the company’s headquarters had collected communication data of Korean people to prepare for its photographic map service, Google Street View. But the prosecution ended up stopping the indictment at that time as officials at the Google headquarters disobeyed the summons.

In 2014, the KCC imposed a penalty of 210 million won for breaching the information network law.

According to news reports, the Android mobile operating system has collected location data from the handset with or without user consent and been sending it to automatically a Google server since early this year.

The system has allegedly gathered user location data even when the location service is turned off. According to industry sources, a smartphone user’s whereabouts can be tracked based on data called “cell ID” of base stations the handset has communicated with.

Admitting it has collected the cell ID data and delivered it to the servers, Google Korea said it stopped it as of November.

“It is true we had sent cell ID codes to improve message delivery speed and performance of the Android operating system since January this year,” a Google Korea official said. “But we didn’t actually use them. The data wasn’t stored as it was destroyed every time it was transmitted. It wasn’t used for other purposes on other systems either.”

Despite Google’s explanation, allegations have been that the company might have used the collected data to learn the locations users frequently visit and tapped into the data for advertising purposes.

The current location information law was established in 2005 when few foreign internet service companies were active in Korea.

The KCC has moved to propose a revision bill to strengthen the law this month. But it still has a long way to pass the National Assembly and be enacted.