Class Action Lawsuit Says Google Spies on Gmail Messages

A class action lawsuit filed in Superior Court claims Google illegally intercepts emails sent from non-Gmail subscribers to Gmail subscribers to review them for “words, content and thought process.”

The Google Gmail class action lawsuit is alleging wrongful wiretapping and eavesdropping in violation of California’s Invasion of Privacy Act (CIPA).

According to the class action lawsuit: “Google purports to justify the legality of its practice based upon a purported consent given by the intended Gmail subscriber recipient. However, the interception and review of the content of such email occurs prior to delivery to the intended Gmail recipient and without the consent of the email’s author and sender.”

In doing so, Google is intercepting email communications without users’ knowledge, consent, or permission in violation of CIPA, the class action lawsuit says.

This is not the first time Google has been slapped with a privacy class action lawsuit for scanning Gmail messages. It faced a similar class action lawsuit in 2010 that alleged the company scanned the emails of non-Gmail users to Gmail users in order to use the information contained within to place targeted ads on account holders’ user screens.

“Google’s continual and pervasive use of such devices and techniques seriously threatens the free exercise of personal liberties and is contrary to the behavior that the California Legislature has declared should be tolerated in a free and civilized society,” the latest class action lawsuit states.

The Google Gmail privacy class action lawsuit is brought on behalf of all California residents who are not Gmail subscribers and who have sent an email to a private individual Gmail subscriber from their non-Gmail email account.  It is seeking unspecified damages and injunctive relief banning Google from further wiretapping and/or eavesdropping.

A copy of the Google Gmail Privacy Class Action Lawsuit can be read here.

The case is Stuart Diamond, Esq. v. Google, Inc., Case No. CIV 1202715, Superior Court of the State of California, County of Marin.

UPDATE: Class action lawsuits over Google’s alleged snooping of Gmail emails have been consolidated into multidistrict litigation. On Jan. 27, 2014, the federal judge overseeing the Gmail MDL denied a motion by Google to have the Ninth Circuit review possible exemptions under the Wiretap Law that could derail the Gmail privacy class action lawsuit.