Judge Rules $5 Billion Lawsuit Over Google Tracking Can Proceed

[engine]

Google tried to dismiss a $5 blilion lawsuit alleging user data collection of Internet activity even when the user's browser is in incognito mode. A federal Judge has disallowed Google's request for dismissal of the class action lawsuit.

"The court concludes that Google did not notify users that Google engages in the alleged data collection while the user is in private browsing mode," US District Judge Lucy Koh in San Jose, California, wrote in her ruling.

The lawsuit, which seeks at least $5 billion from Google and its parent company, Alphabet, alleges the company surreptitiously collects data through Google Analytics, Google Ad Manager, website plug-ins and other applications, including mobile apps.

[cnet.com...]

Earlier story Google Facing $5 Billion U.S. Lawsuit Over User Tracking [webmasterworld.com]

[lammert]

What I can't read find in the article: Is the complaint that Google collects isolated data from Incognito browser sessions through Analytics, Ad Manager etc? Or is the complaint that Google collects this data and links it back to session data collected when the user was NOT in incognito mode?

The first seems fine by me, because in an incognito window, the user has accepted tracking on all sites they visit through the cookie/privacy notices. The second way of tracking is obviously a no-go zone.

[superclown2]

The first seems fine by me, because in an incognito window, the user has accepted tracking on all sites they visit through the cookie/privacy notices. The second way of tracking is obviously a no-go zone.

I would say that far less then 0.5% of visitors to my site ever read the privacy policy. Using that policy as a defence probably wouldn't stand up in a UK court because of our Unfair Contract Terms Act and other legislation that stops important conditions being buried in the small print. I don't know about USA law though. Either way it'll be interesting to watch this unfold. Surreptitious gathering of personal data is a cornerstone of Google's business plan.