Google is set to face a revived class action lawsuit that accuses the tech giant of collecting user data through its Chrome browser without proper consent. The lawsuit, which was originally dismissed in December 2022, has been revived by a federal appeals court on August 21, 2024. The court’s decision was based on the argument that the lower court should have reviewed Google’s disclosures more thoroughly to determine whether a reasonable user would understand they were consenting to data collection.
Background of the Case- Google
The lawsuit was first filed in 2020, with plaintiffs alleging that Google collected data from Chrome users, including browsing history, IP addresses, persistent cookie identifiers, and unique browser identifiers, regardless of whether users had enabled Chrome sync. Chrome sync is a feature that saves bookmarks, passwords, open tabs, and other data to a user’s Google account, allowing seamless access across multiple devices.
Plaintiffs argue that Google “intentionally and unlawfully” sent this data to its servers without explicit user permission. Google countered that users had consented to this data collection by accepting the company’s privacy policy. Judge Yvonne Gonzalez Rogers had initially agreed with Google, leading to the dismissal of the case.
Court of Appeals Decision
In the recent ruling, Judge Milan D. Smith Jr. criticized the previous decision, noting that the lower court did not adequately consider whether users truly understood what they were consenting to. Smith pointed out that while Google had a general privacy disclosure, the company also promoted Chrome with the suggestion that certain data would not be sent to Google unless users turned on sync. This discrepancy is central to the revived lawsuit, which will now return to the lower courts for further consideration.
Google’s Response
In response to the ruling, Google spokesperson José Castañeda expressed the company’s disagreement with the decision, asserting confidence that the facts of the case are in Google’s favor. Castañeda emphasized that Chrome sync is designed to help users seamlessly use Chrome across devices and includes clear privacy controls. He also noted that Google will soon no longer require users to enable Chrome sync to access saved information, although he clarified that this change is unrelated to the ongoing litigation.
Implications
The revival of this class action lawsuit underscores ongoing concerns about user privacy and data collection practices in the tech industry. As the case proceeds, it could have significant implications for how companies like Google manage user consent and transparency in their data collection processes.
