Data collection despite incognito mode: Google has to go to court

Google faces another US lawsuit over data security. Some users have sued Google for collecting group data even when using Chrome browser incognito mode. Google has thus infiltrated the privacy of millions of users. Google has filed a US-Custom resolution to stop operations. Responsible federal judge Lucy Coe has now dismissed this.

This prepares the plaintiffs for key actions. Basically, Google collects data for user profiles through its own websites and numerous third-party websites, even if users have enabled incognito mode. This will not help against this type of data collection. Google takes the position that this is clear from the incognito start screen and data security conditions. Users would have agreed.

Neither the users nor the website operators have given their consent

Judge Gove has no faith: Contrary to its own claim, Google did not show that users agreed to the data collection. The information on the Chrome browser start screen is invalid. Even if users agree, it will be useless because, as the case may be, data collection violates other laws. Whether the law was actually violated needs to be clarified in key actions.

As for website operators, contrary to their claim, Google did not show that they were implicitly endorsing data collection in incognito browsers by inserting Google code into their websites. It remains to be seen whether Google has provided enough information to the operator – because the description of incognito mode does not reveal that Google is constantly collecting data. In general, indirect consent is not enough here, because, as the case may be, Google collects data to link them to user profiles, which is illegal anyway.

It’s about billions

The judge also rejected Google’s claim that the allegations were illegal. Each interruption of data is its own offense, and a new limitation period begins. In addition, the law of limits does not apply to cover frauds. Finally, Google’s claim that the plaintiffs did not make sufficient specific allegations is baseless. In his conclusion, the judge lists four specific allegations against which Google must now defend itself in key proceedings.

Plaintiffs believe that millions of Google users will be affected by the invasion of privacy. They claimed the right to damage US $ 5,000 per user, which could eventually add up to US $ 5 billion. Google denies all allegations made.

The mills grind slowly

It should be seen whether these actions can be taken as a class action case for all Americans involved, as requested by the plaintiffs. The trial is scheduled for January 20, 2022. Called the process Brown et al. Google et al And pending under Ref 5: 20-cv-03664 in U.S. Federal District Court for Northern California.

This process should not be confused with the lawsuit brought by the same law firm in the same court against Google Anibal Rodriguez et al. Google et al (Note 5:20-CV-04688). There are accusations against Google for misleading data security systems, but not for applications. Google denies the allegations.

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