Google's efforts to have a privacy class action lawsuit dismissed were blocked by a federal judge, meaning the lawsuit will proceed to trial, with a jury trial now scheduled for August 18. The plaintiffs allege that Google continued to collect personal data from users’ mobile devices despite the users' attempts to opt out of such tracking by turning off certain privacy settings. Specifically, the case focuses on Google's “Web & App Activity” feature, which the plaintiffs argue improperly tracked and stored users’ browsing histories without their informed consent.
The lawsuit, initially filed in 2020, raises concerns about unauthorized access to personal information, alleging that Google violated California’s laws related to fraudulent computer access. The plaintiffs—users of both Android and non-Android devices—claim that Google intercepted their private browsing data without their permission, even though they had made efforts to control the tracking through the company's privacy settings.
In a 20-page ruling issued on Tuesday, Chief Judge Richard Seeborg of the U.S. District Court for the Northern District of California found that reasonable users could consider Google's actions “highly offensive.” The judge pointed to internal communications within Google, suggesting that employees were aware of the ambiguity surrounding the company’s data collection practices. These communications indicated that the company deliberately obscured the distinction between data collected through Google accounts and data collected outside of them, potentially because the company feared that users would find the full extent of its data collection practices alarming.
Despite Google's defense that its data collection did not harm users and that they had consented to the tracking, the judge ruled that the issue of consent and the company’s practices must be decided by a jury. In its defense, Google argued that its privacy controls were clear and that the allegations were a deliberate attempt to misrepresent how the company's products function. The company has vowed to continue its legal fight and maintain that the claims against it are false.
The case is significant as it marks a continuing wave of privacy-related legal battles for Google. Last year, a federal appeals court in San Francisco revived another lawsuit accusing Google of tracking users through its Chrome browser even when they chose not to sync their browsing activity with their Google accounts. This follows an earlier settlement in 2022 when Google agreed to destroy billions of data records in a case where the company was accused of tracking users in "Incognito" mode, which is supposed to provide privacy while browsing. That settlement was valued at more than $5 billion and was one of the largest privacy-related settlements in tech history.
The outcome of this lawsuit could have broad implications for the tech giant, potentially setting a legal precedent for privacy rights related to the collection of user data and how much transparency companies are required to provide to users. As the legal process continues, the case also draws attention to the growing concern over privacy and data security in the digital age, especially regarding the practices of tech companies that collect vast amounts of user data for advertising and other purposes.
As the trial approaches, all eyes will be on how the court addresses the complex issues of privacy, consent, and the legal boundaries of data collection. With both the plaintiffs and Google preparing for a high-profile court battle, this case could shape the future of digital privacy law and the accountability of tech giants in safeguarding user data. The plaintiffs’ legal team, which also represented individuals in previous lawsuits against Google, has yet to comment on the judge’s ruling, but their case will likely have significant consequences for both the company and the broader tech industry.
