In a significant development in the ongoing legal battle over digital privacy, a U.S. appeals court has revived a class-action lawsuit against Google, accusing the tech giant of unlawfully collecting personal data from users of its Chrome web browser without their consent. The lawsuit specifically targets users who chose not to synchronize their browsers with their Google accounts, alleging that the company violated their privacy rights by still collecting data.
Background of the Case
The case, known as Calhoun et al v Google LLC, was initially dismissed by a lower court in December 2022. The plaintiffs, a group of Chrome users, argued that Google had misled them into believing that their personal information would not be collected if they chose not to enable the “sync” function in Chrome. Sync is a feature that allows users to access their bookmarks, passwords, and other settings across multiple devices by linking their browser activity to their Google accounts.
The users pointed to Chrome’s privacy notice, which explicitly states that users “don’t need to provide any personal information to use Chrome” and that Google would not receive such information unless the sync function was activated. However, they allege that Google collected their browsing data regardless, effectively bypassing their explicit choice to keep their information private.
The Appeals Court Decision
On Tuesday, the 9th U.S. Circuit Court of Appeals in San Francisco overturned the lower court’s dismissal, ruling that the case should be allowed to proceed. The three-judge panel, led by Circuit Judge Milan Smith, found that the lower court had failed to properly consider whether a reasonable Chrome user would have understood that their data was being collected even without enabling sync.
Judge Smith emphasized that Google’s general privacy policy, which allows data collection across various platforms, was not sufficient to override the specific privacy assurances given to Chrome users. “A reasonable user would not necessarily understand that they were consenting to the data collection at issue,” Smith wrote, highlighting the potential for users to be misled by Google’s conflicting messages.
The ruling effectively reopens the door for the plaintiffs to pursue their case, which could potentially include millions of Chrome users who have used the browser without syncing since July 27, 2016.
Implications for Google and Users
This ruling is part of a broader trend of increasing scrutiny on tech companies regarding user privacy. Last year, Google agreed to destroy billions of records to settle a separate lawsuit alleging that the company tracked users even when they were browsing in Chrome’s “Incognito” mode, a feature designed to offer a higher level of privacy.
The revival of the class action raises the stakes for Google, which could face substantial legal and financial repercussions if the plaintiffs succeed in proving their claims. The case will now return to U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, who will oversee further proceedings.
Responses from the Parties Involved
Google, for its part, has expressed disappointment with the appellate court’s decision. In a statement, the company maintained that its actions were within legal bounds and that it remains confident that it will ultimately prevail in court. “We disagree with this ruling and are confident the facts of the case are on our side. Chrome Sync helps people use Chrome seamlessly across their different devices and has clear privacy controls,” Google said in its statement.
On the other hand, Matthew Wessler, a lawyer representing the plaintiffs, welcomed the decision. He expressed optimism about the case moving forward, stating, “We are pleased with the court’s decision and look forward to presenting our case at trial.”
The Road Ahead
As the case returns to the lower court, the central question will be whether Google’s privacy practices violated the expectations set by its own statements. If the plaintiffs succeed, the implications could extend far beyond Google, potentially influencing how other tech companies handle user data and communicate privacy policies.
For now, the decision represents a victory for privacy advocates who have long argued that tech giants like Google wield too much power over personal information. As the digital landscape continues to evolve, the outcome of this case could set a precedent for how privacy is protected in the increasingly complex world of online data.