California Court Denies Google’s Request for Summary Judgment in Privacy Lawsuit
August 7, California Court refused Google’s request for a decision of a lawsuit without a trial in a case related to users’ complaints that the company illegally violated the confidentiality of millions of people.
The collective lawsuit, filed by Google users in 2020, alleges that the violation occurred because Cookers, Analysts, and Google tools in applications continued to track Internet activity even after activating the Incognito mode in Chrome or Safari. The lawsuit seeks compensation of at least $5 billion.
The court examined the statements in Chrome’s and other service’s privacy notifications, which outline how the incognito mode limits data retention and provides control over shared information. The court questioned whether Google’s actions implied an obligation not to collect user data while using the incognito mode.
In response to the judge’s decision, a Google representative expressed the company’s determination to protect its position, emphasizing that the incognito mode allows users to browse the Internet without their activity being saved. The representative noted that Google informs users that sites may collect information about their Internet activity during the session every time they open a new tab in incognito mode.
The judge also considered the plaintiffs’ evidence that Google “stores the data of ordinary and private viewing of users in the same logs and uses these combined logs to send personalized advertising.”