Google Faces Privacy Class Action Over Mobile Data Tracking, Trial Set for August

A federal judge has denied Google’s attempt to dismiss a class-action lawsuit accusing the tech giant of improperly collecting personal data from mobile devices even after users turned off tracking settings. This ruling brings the case closer to trial, potentially set for August 18.

Chief Judge Richard Seeborg of the Northern District of California ruled that Google’s disclosures about its “Web and App Activity” settings might not have been clear enough for users to understand. The plaintiffs allege that Google collected and saved their browsing histories without consent, violating California’s law against unauthorized access to computers.

The lawsuit contends that Google intentionally left its disclosures ambiguous, as revealed in internal communications. According to the judge, some users could find Google’s actions “highly offensive” due to data collection practices that seemed to contradict its settings.

While Google maintains that its record-keeping practices are harmless and its privacy controls are transparent, the court determined that this disagreement is a matter for trial.

A History of Privacy Concerns

This case is part of a broader scrutiny of Google’s data practices. Last year, a federal appeals court reinstated a separate lawsuit accusing Google of tracking users’ activities on its Chrome browser, even when users had opted out of syncing their browser with their Google accounts.

In another case, Google agreed to delete billions of data records after allegations that it tracked users browsing in “Incognito” mode. That settlement was valued at over $5 billion and involved the same legal firms representing the current plaintiffs.

Google responded to the latest allegations by stating, “Our privacy controls are designed to give users transparency and choice. These claims misrepresent how our products function, and we will continue to defend ourselves in court.”

The lawsuit, filed in July 2020, is known as Rodriguez et al v Google LLC, under case number 20-04688 in the U.S. District Court, Northern District of California.

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