9th Circuit Overturns Dismissal, Orders Reassessment of User Consent and Data Collection Practices
In a significant legal development, the 9th U.S. Circuit Court of Appeals has revived a class action lawsuit against Google, scrutinizing the company’s data collection practices related to its Chrome browser. The court’s ruling on Tuesday overturns a previous dismissal and mandates a closer examination of whether Google collected personal information without user consent.
The lawsuit, brought by Google Chrome users, alleges that the tech giant collected their personal data despite their decision not to synchronize their browsers with their Google accounts. The plaintiffs argue that Google’s privacy disclosures were misleading, suggesting that users could browse privately without their data being collected.
The 9th Circuit’s decision reflects a 3-0 vote, led by Circuit Judge Milan Smith, who criticized the lower court’s approach. Judge Smith highlighted that the lower court had incorrectly applied Google’s general privacy policy, rather than focusing on the specific promises made about Chrome’s privacy features.
Google had previously settled a separate lawsuit concerning Chrome’s “Incognito” mode, agreeing to destroy billions of records and face individual lawsuits from users who believed their private browsing sessions were being tracked. Despite this settlement, the revived class action addresses additional concerns about data collection in non-synced Chrome browsers.
The plaintiffs’ legal representative, Matthew Wessler, expressed satisfaction with the appellate court’s decision, anticipating a trial to further explore the issues raised. The class action now includes Chrome users from July 27, 2016, who opted not to sync their browsers with Google accounts.
Google responded to the ruling by defending its practices, stating, “We disagree with this ruling and are confident the facts of the case are on our side.” The company emphasized that Chrome Sync is designed to enhance user experience across devices and that users have clear privacy controls over their data.
The appeals court’s decision challenges the interpretation that Google’s general privacy policy covers all aspects of data collection. Judge Smith pointed out that Google’s promotional materials for Chrome implied that certain information would not be transmitted unless users activated the sync feature. This implication could lead reasonable users to believe their data was not being collected in the way alleged by the plaintiffs.
The case has been remanded to U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California, who initially dismissed the lawsuit in December 2022. The decision underscores ongoing concerns about privacy and consent in digital services, particularly regarding how tech companies handle user data.
Following the Incognito mode settlement, many users have pursued individual lawsuits in California courts. The revived class action will now examine broader allegations of privacy violations in Google’s Chrome browser.
