Google defends its handling of user data after ICE subpoena

Earlier this week, legal complaints were sent to the California and New York Attorneys General to investigate Google for deceptive trade practices. The issue relates to how the Mountain View-based firm handled a user’s data after authorities requested the information. Google has now provided a statement to Android Authority in response to accusations that it broke its own policies.

As a brief summary of events, Immigration and Customs Enforcement (ICE) sent a subpoena to Google requesting the user data of a foreign PhD student who attended a pro-Palestine protest at Cornell University. Google’s policies state that it will generally notify users of a request before handing over any data to the government. However, the student, who is studying in the US, claims that Google only notified them after it had already handed the information over.

For what it’s worth, Google mentions in its policies that there are certain exceptions where it will not notify the user first. A Google spokesperson makes a nod to these exceptions in the following statement:

All subpoenas undergo a review process designed to protect user privacy while meeting our legal obligations. We inform users when their accounts have been subpoenaed, unless under legal order not to or in an exceptional circumstance. We push back against those that are overbroad, including objecting to some entirely.

We asked the spokesperson if they could clarify whether Google was under legal order or if this situation was an exceptional circumstance. At the time of writing, we have not heard back from the organization.

Getting advanced notice of government requests like this is important, as it gives the user an opportunity to contest. However, in this case, the student argues that Google broke its promise and disclosed their information without giving them a chance to fight back.