“Google Goes to Court for purportedly Gathering Data from Users Who Chose to Opt Out”

"Google Goes to Court for purportedly Gathering Data from Users Who Chose to Opt Out"

“Google Goes to Court for purportedly Gathering Data from Users Who Chose to Opt Out”


### Judge Determines Google Might Have Gained from Unauthorized User Data Usage: An In-Depth Look at the Case

A federal judge has determined that a jury might reasonably conclude Google gained from the unauthorized use of user data, signaling a noteworthy turn in a class-action lawsuit related to the tech giant’s privacy policies. This case, focused on Google’s **Web & App Activity (WAA)** settings, poses essential inquiries regarding user consent, data privacy, and the financial worth of personal data in today’s digital landscape. The trial is scheduled for August 2025 in the U.S. District Court in San Francisco.

#### **The Essence of the Lawsuit: Web & App Activity Settings**

The lawsuit claims that Google breached user privacy by persistently collecting data from individuals who had explicitly opted out of tracking via the WAA settings. The lead plaintiff represents two user subclasses—those using Android devices and those utilizing non-Android devices—who believed that disabling WAA would inhibit Google from recording their web and app activities.

Google’s WAA setting is intended to enable users to manage whether their actions on Google platforms and applications, including location information, are retained. Nonetheless, the lawsuit argues that Google continued to gather data through an additional setting known as **(s)WAA**, which regulates data collection from Google Chrome history and third-party apps and devices leveraging Google services. Turning off WAA also turns off (s)WAA, but the plaintiffs contend that Google’s explanations regarding these settings are unclear and misleading.

#### **The Function of Google Analytics for Firebase (GA4F)**

A significant element of the case is Google’s implementation of **Google Analytics for Firebase (GA4F)**, a tool embedded in 60% of leading apps. GA4F gathers user data, covering ad interactions and device identifiers, and offers app developers insights into app usage and user involvement. The lawsuit claims that this data is transmitted to Google irrespective of a user’s WAA or (s)WAA settings.

The plaintiffs maintain that this practice contradicts Google’s assurances to users who opted out of tracking. They allege that Google profits from this data by employing it to improve its advertising services, despite Google’s assertion that the data is solely shared with app developers for analytical reasons.

#### **Monetary Value of User Data**

A primary assertion in the lawsuit is that user data carries considerable economic value and that Google gained from its unauthorized acquisition. U.S. District Judge Richard Seeborg remarked that a reasonable juror could ascertain that the plaintiffs incurred damages due to Google’s misappropriation of their data for financial gain. This aligns with the increasing acknowledgment in legal and regulatory spheres that personal data is a valuable asset in the digital economy.

#### **Confusion in Google’s Announcements**

Judge Seeborg pointed out the confusion in Google’s explanations regarding its data gathering practices. While Google claims that its practices are lawful and align with its statements to users, the judge observed that the disclosures could be interpreted in several ways. A reasonable user might expect the WAA and (s)WAA settings to entirely govern Google’s data collection, which the plaintiffs assert is not true.

The judge also dismissed Google’s claim that users consented to its tracking practices, noting that the company’s disclosures were unclear, complicating users’ understanding of what they were consenting to.

#### **Pseudonymous Data and Privacy Assumptions**

Google argues that the data it collects is pseudonymous, indicating it is linked to a randomly generated identifier rather than a user’s actual identity. The company asserts that this data is utilized exclusively for delivering analytics to app developers and is not associated with individual users for advertising ends.

However, the judge indicated that California regulations define personal data broadly, encompassing information that could be reasonably connected to a specific consumer or household. He concluded that a jury could reasonably consider the data Google gathered as personal information, even if it is pseudonymous.

#### **Consequences for Privacy and Data Gathering**

This legal battle is emblematic of a wider pattern of legal challenges confronting tech companies’ data collection techniques. It highlights the mounting scrutiny of how firms like Google manage user data and the financial consequences of privacy infringements.

In a different lawsuit, Google agreed to erase records of users’ private browsing activities in Chrome’s Incognito mode as part of a proposed settlement. These cases expose the tension between user privacy expectations and the business models of tech companies reliant on data-driven advertising.

#### **What Lies Ahead?**

The trial set for August 2025 will be carefully observed as it has the potential to establish vital precedents for data privacy and user consent. A victory for the plaintiffs could result in considerable transformations in how Google and other tech companies manage user data, and may also open the floodgates for more lawsuits contesting the opaque data practices of major corporations.

#### **Conclusion**

The lawsuit against Google provokes significant inquiries regarding the equilibrium between user privacy and the financial interests of tech companies. As the case approaches trial, it will function as a litmus test for how