A federal judge denied Google’s request to dismiss a privacy class action lawsuit alleging that the tech giant unlawfully collected personal data from users’ cellphones even after they attempted to disable tracking settings. This decision by Chief Judge Richard Seeborg of the federal court in San Francisco sets the stage for a potential trial in August.
Google’s defense centered on claims that it had adequately disclosed the functionality of its Web & App Activity settings and that users had consented to the data tracking. The company also asserted that its data collection practices were harmless. However, Judge Seeborg ruled against Google, stating that users could reasonably perceive the company’s actions as intrusive given the ambiguity in its disclosures and internal communications.
The lawsuit, filed by users of both Android and non-Android devices, alleges that Google violated California law by intercepting and storing personal browsing histories without permission, constituting unauthorized access to computer data. The court’s decision highlighted concerns raised by Google employees regarding the company’s data collection practices and disclosure practices, suggesting intentional opacity to prevent users from discovering the extent of their data tracking.
Judge Seeborg acknowledged that the interpretation of Google’s actions – whether intentional or for product improvement purposes – would be a matter for trial to determine. Google has not yet responded to requests for comment following the ruling, and the plaintiffs’ lawyers have also refrained from immediate responses.
The scheduled jury trial on August 18 stems from a lawsuit initiated in July 2020, with previous legal battles indicating a pattern of privacy-related concerns involving Google. In a separate case last August, an appeals court in San Francisco allowed a lawsuit to proceed, accusing Google of monitoring Chrome browser users who opted out of syncing data with their Google accounts. Additionally, Google settled a lawsuit earlier in the year by agreeing to delete vast amounts of data records linked to users who believed they were browsing privately, even while using Chrome’s “Incognito” mode.
Legal representatives for the plaintiffs in these prior cases estimate the settlement value to exceed $5 billion, with the same law firms now representing the current class action lawsuit. The ongoing legal proceedings, under the case name Rodriguez et al v Google LLC in the U.S. District Court for the Northern District of California, underscore the persistent legal challenges faced by Google in safeguarding user privacy amidst evolving data collection practices. Jonathan Stempel reporting from New York.
