Spoliation or Privacy “Right to be Forgotten”? – Google’s new service “My Activity” allows you to delete your history!

11 July 2016 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

People should be thoughtful of using My Activity because destroying your Google history in litigation may lead to a claim of spoliation (destruction of evidence) when using Google’s recently launched My Activity which “is a central place to view and manage activity like searches you’ve done, websites you’ve visited, and videos you’ve watched.”  My Activity specifically allows the following activities which can be deleted:

  • Delete items individually
  • Delete related activity
  • Delete activity using search & filters
  • Delete activity from a certain day or time period
  • Delete everything in My Activity

All together My Activity allows the following controls:

  • Control what activity gets saved to your account
  • “Device Information” setting
  • Delete searches & other activity from your account
  • See and control your search & browsing activity
  • Google Voice & Audio Activity
  • Manage and delete your Location History
  • Manage your watch history
  • View or delete search history

How can you use this to help control your Google history while at the same time not spoliating evidence?

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Authors

Related Services

Insights

PATH Summit 2019
18-20 December 2019
Arlington, VA
MedTech Impact Expo & Conference
13-15 December 2019
Las Vegas, NV
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
BRG Healthcare Leadership Conference
06 December 2019
Washington, D.C.