Google must face privacy class action over tracking users’ health data

Google health data class action overview:

• Who: U.S. District Judge Vince Chhabria ruled on a Google health data class action lawsuit.
• Why: The judge dismissed some claims in the lawsuit, which alleges Google intercepted private health information from patients’ communications with their health care providers.
• Where: The Google health data class action lawsuit was filed in California federal court.

A federal judge in California has ruled on a Google health data class action lawsuit alleging the company intercepted private health information from patients’ communications with their health care providers, allowing the plaintiffs to proceed with some of their claims.

U.S. District Judge Vince Chhabria partially granted Google’s motion to dismiss the health data class action lawsuit, allowing the plaintiffs to proceed with claims under the Wiretap Act, California Invasion of Privacy Act (CIPA), intrusion upon seclusion, common law privacy and unjust enrichment.

The judge dismissed the plaintiffs’ claims for breach of contract and breach of the implied covenant of good faith and fair dealing.

The plaintiffs filed the Google health data class action lawsuit in 2024, alleging Google products, such as Google Analytics, Google Ads, Google Fonts and Google Tag Manager, intercepted their health information when they communicated with their health care providers.

They claim Google’s products collected information, such as the patients’ IP addresses, URLs and cookies, which could be used to identify the patients.

Google’s motion to dismiss the health data class action lawsuit argued the plaintiffs failed to allege that Google intentionally collected private health information.

Google updated instructions in 2023 to avoid collecting health data, judge notes

Chhabria determined the plaintiffs’ second amended complaint sufficiently alleged that Google intentionally collected private health information prior to 2023, when the company updated its instructions to health care providers about how to avoid sending private health information to Google.

“Google, aware of how its products operate and the information that it is constantly collecting regardless of selection by its customers, took measures to prevent itself from receiving communications containing private health information by clearly instructing health providers not to put Google Analytics on the wrong webpages,” Chhabria wrote in his order.

The judge dismissed the plaintiffs’ claims for breach of contract and breach of the implied covenant of good faith and fair dealing, finding the plaintiffs failed to allege that Google used their health information in personalized advertising.

Google recently agreed to a $100 million class action settlement to resolve claims that it charged advertisers for clicks on ads that were not clicked on by users in the specified geographic areas. 

What do you think of the claims made in this Google health data class action lawsuit? Join the discussion in the comments.

The plaintiffs are represented by Jason Barnes and An V. Truong of Simmons Hanly Conroy LLC; Christian Levis and Amanda Fiorilla of Lowey Dannenberg P.C.; Michael W. Sobol, Melissa A. Gardner, Jallé H. Dafa and Douglas Cuthbertson of Lieff Cabraser Heimann & Bernstein LLP; Jeffrey A. Koncius, Nicole Ramirez and Mahnam Ghorbani of Kiesel Law LLP; and Hal D. Cunningham, Sean Russell, Joseph P. Guglielmo and Ethan Binder of Scott + Scott Attorneys at Law LLP.

The Google health data class action lawsuit is Doe, et al. v. Google LLC, Case No. 23-cv-02431-VC, in the U.S. District Court for the Northern District of California.

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