A US judge has rejected Google’s attempt to dismiss a lawsuit alleging that it violated the privacy of millions of individuals by covertly tracking their internet activities.
Google’s Bid to Dismiss US$5 Billion Consumer Privacy Lawsuit Rejected US District Judge Yvonne Gonzalez Rogers ruled that Google could not establish user consent for the collection of online browsing information, as the Alphabet subsidiary never explicitly informed users about this practice.
David Boies, the attorney representing the plaintiffs in the proposed class action seeking US$5 billion ($7.6 billion), hailed the decision as a crucial move to safeguard the privacy rights of countless Americans.
The plaintiffs contend that Google’s utilization of analytics, cookies, and applications enabled the company to monitor their actions even when they employed Google’s Chrome browser’s “Incognito” mode or other browsers’ “private” browsing modes.
According to their claims, this allowed Google to gain insights into their social circles, interests, preferred foods, shopping behaviors, and potentially sensitive online inquiries, amassing an extensive and intricate collection of data beyond imagination, even by George Orwell’s standards.
Judge Rogers, in her 36-page ruling, acknowledged the plaintiffs’ assertion that a market existed for their data. She referenced a Google pilot initiative that compensated users with $3 daily for sharing their browsing histories.
Furthermore, the judge highlighted various statements made by Google, including those in its privacy policy, that implied restrictions on data collection.
Rogers stated, “Taken as a whole, a valid argument exists as to whether these communications constituted a binding commitment by Google to refrain from data collection during users’ private browsing sessions.”
Google spokesperson Jose Castaneda vehemently contested the plaintiffs’ allegations, emphasizing the company’s commitment to a robust defense.
Castaneda clarified, “Chrome’s Incognito mode empowers users to surf the internet without recording their activity on the browser or device.”
He reiterated, “Every time you open a new Incognito tab, we explicitly caution that websites might still gather information regarding your browsing conduct during the session.”
The lawsuit encompasses Google users from June 1, 2016, onward and pursues a minimum of US$5,000 in damages per user for violations of federal wiretapping laws and California’s privacy statutes.
