Did the Privacy Commissioner get it right with Google?

Late last year, the Privacy Commissioner (the Commissioner) clipped Google for breaching the Privacy Act 1993 (the Act) through its "Street View" filming in New Zealand. Google acknowledged early on that it had made mistakes and has given a number of undertakings to improve its Privacy Act compliance processes.

We might all be pleased with the result, but did the Commissioner apply the law correctly?

Background

The Street View project involved Google travelling the length of New Zealand with specialised camera-mounted cars to capture real life images for its GoogleMaps application. The privacy issues arose because Google was also using a computer to collect information from WiFi networks within range of the Street View cars. This information included: