In a 20-page decision released on January 7 (local time), Judge Richard Seeborg of the federal court in San Francisco rejected Google's argument that the company had provided adequate notice of how the setting called "Web and App Activity" operated and that users had consented to being tracked. Google also argued that logging their basic activity "caused no harm."
Users of mobile devices running both Android and non-Android have accused Google of invading their privacy. The tech giant also violated California computer access laws by intercepting and storing personal browsing history without their consent.
Judge Seeborg also found that users had reason to criticize Google’s actions, because the company collected the data despite concerns from some employees and knew that its notices were vague.
He cited internal conversations that showed Google deliberately blurred the distinction between data collected inside and outside of Google accounts because users might find the practice "alarming."
Judge Seeborg also said that Google employees may simply be suggesting ways to improve the company’s products and services. So, according to the judge, whether Google’s or the plaintiffs’ interpretation prevails is a matter of fact that needs to be decided at trial.
Earlier in August 2024, a federal appeals court in San Francisco revived a lawsuit accusing Google of tracking Chrome browser users after they chose not to sync the browser with their Google accounts.
Four months before that lawsuit, Google agreed to destroy billions of data records to settle a lawsuit that accused it of tracking people who thought they were surfing the web privately, including on the Chrome browser set to “Incognito” mode.
The law firms that represented the plaintiffs in that case valued the settlement at more than $5 billion. They are also representing the plaintiffs in the current case.
