- Google will have to face a class action lawsuit accusing it of collecting user data through Chrome without their consent.
- However, Judge Milan D. Smith Jr. wrote in today’s ruling that Judge Gonzalez Rogers had failed to consider whether users actually understood the agreement in his previous ruling.
OUR TAKE
The plaintiffs claimed that Chrome sent information that collected their browsing history and other relevant information without their express permission. In light of this case, not only does Google need to retool its functionality, but other web developers should once again think carefully about their privacy permissions and respond appropriately to users’ personalised choices.
— Iydia Ding, BTW reporter
What happened
Google will have to face a class action lawsuit alleging that it collected user data through Chrome without their consent. In a ruling on Tuesday, a federal appeals court overturned a December 2022 ruling dismissing the case, saying that lower courts should review Google’s disclosures and determine whether a reasonable user reading those disclosures would have believed that he or she consented to the data collection.
The class action lawsuit, first filed in 2020, alleges that Google collects data from Chrome users – whether they have Chrome Sync enabled or not. This feature saves bookmarks, passwords, open tabs, and other data to your Google account so that you can easily access this information when you sign into Chrome on multiple devices.
However, Judge Milan D. Smith Jr. wrote in today’s ruling that Judge Gonzalez Rogers failed to consider whether users actually understood the agreement. Smith wrote: “Google has a general privacy disclosure, but promotes Chrome by implying that certain information will not be sent to Google unless the user turns on the sync feature.
The case will be remanded to the lower court for a new trial.
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Why it’s important
Google spokesman José Castañeda said in a statement that he disagrees with the ruling and believes the facts of the case are on Google’s side. Chrome Sync helps people seamlessly use Chrome across devices with clear privacy controls. While Google will soon no longer require users to enable Chrome Sync to access saved information, Castaneda said the statement is not relevant to the lawsuit.
It’s possible that what the plaintiffs see as Chrome collecting their browsing history and other relevant information by sending them information without their explicit permission is due to an unclear statement of permissions. Chrome Sync helps people seamlessly use Chrome across devices with clear privacy controls. This is by no means an isolated case across all major platforms, and in light of this case, not only does Google need to retool its functionality, but other web developers should once again think carefully about their privacy permissions and respond appropriately to personalised choices made by their users.
