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Google Faces Revived Lawsuit Over Chrome User Data Collection

By  |  August 20, 2024

Google is once again facing legal scrutiny as a U.S. appeals court has revived a lawsuit brought by Google Chrome users, who allege that the tech giant collected their personal information without their consent. According to Reuters, the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the case, previously dismissed by a lower court, must now proceed.

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    The lawsuit centers around claims that Google collected data from users who opted not to synchronize their Chrome browsers with their Google accounts. The plaintiffs argue that this practice violates Chrome’s privacy notice, which explicitly states that users do not need to provide any personal information to use the browser, and that Google would not receive such information unless the sync function was activated.

    The appeals court’s decision on Tuesday was unanimous, with a 3-0 vote to overturn the lower court’s dismissal of the case. Circuit Judge Milan Smith, writing for the court, criticized the lower court’s focus on Google’s general privacy policy, which allows for data collection across its services. Smith noted that this policy did not override Chrome’s specific privacy assurances. “A reasonable user would not necessarily understand that they were consenting to the data collection at issue,” Smith wrote, emphasizing that Google had promoted Chrome by suggesting that certain information would not be sent to the company unless sync was enabled.

    Related: Google Faces Possible Breakup as Justice Department Weighs Antitrust Remedies

    The revived lawsuit is expected to cover Chrome users who have used the browser since July 27, 2016, and who chose not to sync their browsers with their Google accounts. These users maintain that Google should have adhered to Chrome’s privacy notice, which assured that personal information would not be collected unless the sync feature was activated.

    The case has been sent back to U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, who originally dismissed the lawsuit in December 2022. Judge Rogers will now reassess whether Chrome users gave informed consent for their data to be collected when they browsed online without syncing their accounts.

    This development follows a similar lawsuit settled by Google last year, in which the company agreed to destroy billions of records after being accused of tracking users who believed they were browsing privately, even in Chrome’s “Incognito” mode.

    Neither Google nor its legal representatives have commented on the latest court decision. However, Matthew Wessler, a lawyer representing the plaintiffs, expressed satisfaction with the ruling. “We are pleased with the decision and look forward to presenting our case at trial,” Wessler said.

    The outcome of this revived lawsuit could have significant implications for how tech companies handle user consent and data collection practices, particularly in relation to privacy notices and user expectations.

    Source: Reuters