Google loses in court, faces trial for collecting data on users who opted out

Plaintiffs have brought claims of privacy invasion under California law. Plaintiffs "present evidence that their data has economic value," and "a reasonable juror could find that Plaintiffs suffered damage or loss because Google profited from the misappropriation of their data," Seeborg wrote.

The lawsuit was filed in July 2020. The judge notes that summary judgment can be granted when "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Google hasn't met that standard, he ruled.

In a statement provided to Ars, Google said that "privacy controls have long been built into our service and the allegations here are a deliberate attempt to mischaracterize the way our products work. We will continue to make our case in court against these patently false claims."

In a proposed settlement of a different lawsuit, Google last year agreed to delete records reflecting users' private browsing activities in Chrome's Incognito mode.

Google disclosures are ambiguous, judge says

Google claimed that the "undisputed facts" show its collection of "data was lawful and consistent with its representations to class members," Seeborg wrote. But in the judge's view, the "various interpretations of these disclosures render them ambiguous such that a reasonable user would expect the WAA and (s)WAA settings to control Google's collection of a user's web app and activity on products using Google's services."

Google contends that its system is harmless to users. "Google argues that its sole purpose for collecting (s)WAA-off data is to provide these analytic services to app developers. This data, per Google, consists only of non-personally identifiable information and is unrelated (or, at least, not directly related) to any profit-making objectives," Seeborg wrote.

On the other side, plaintiffs say that Google's tracking contradicts its "representations to users because it gathers exactly the data Google denies saving and collecting about (s)WAA-off users," Seeborg wrote. "Moreover, Plaintiffs insist that Google's practices allow it to personalize ads by linking user ad interactions to any later related behavior—information advertisers are likely to find valuable—leading to Google's lucrative advertising enterprise built, in part, on (s)WAA-off data unlawfully retrieved."