A significant development took place in a lawsuit against tech giant Google. A California judge, Yvonne Gonzalez Rogers, rejected Google’s plea for a summary judgment in a case where it was alleged to have intruded upon the privacy of millions.
The Allegations
The plaintiffs claim that despite activating features designed to protect privacy, such as Chrome’s Incognito mode or Safari’s private browsing, Google’s various tools continued to track their online activity. This tracking would seem to contradict the idea of private browsing. As was pointed out in a 2018 piece, the misconception is clear: “What isn’t private: private browsing mode.”
Diving into the details, Judge Rogers highlighted numerous sections from Google’s own documentation, including the Chrome privacy notice and the Incognito Splash Screen. According to her, these documents could be seen as Google making an “enforceable promise” that user data wouldn’t be collected during private browsing.
Google’s Response
In the wake of the ruling, Google’s spokesperson, José Castañeda, made a statement to The Verge, emphasizing Google’s disagreement with the allegations. Castañeda noted: “Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device. We clarify each time you open an incognito tab that websites may still collect info about your session.”
Evidence Against Google
However, complicating matters for Google, the plaintiffs present evidence that suggests Google “stores users’ regular and private browsing data in the same logs.” Such data is then allegedly used to push personalized ads to users. More concerning, even if data points appear anonymous individually, they could, in aggregation, potentially identify a user.
Addressing another of Google’s arguments—that the plaintiffs didn’t experience any economic harm—Judge Rogers remarked that the plaintiffs indeed had lost potential economic value from their browsing data. She further observed that monetary compensation alone might not suffice, implying the need for more corrective action against Google.
The Road Ahead
Initiated in 2020, this lawsuit has been hanging over Google with potential damages reaching “at least” $5 billion. While the latest ruling was anticipated, as hinted by Judge Rogers earlier, it marks a pivotal juncture. The case now inches closer to either a hefty settlement or a consequential trial.
Note: This blog post is a brief overview, and readers should refer to the original documents and detailed news articles for comprehensive information.
