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A California federal judge hinted on Thursday that he may grant Google’s request to dismiss a class action accusing the tech giant of improperly collecting personal data from healthcare providers' websites. However, U.S. District Judge Vince Chhabria said he still needs "a lot more thinking" before making a final decision.

The proposed class action, first filed in May 2023, claims that when users visit healthcare provider websites, their personal data is transferred to Google, which allegedly uses the information to enhance its advertising services. The suit, filed by several anonymous plaintiffs, asserts violations of the Federal Wiretap Act, California’s Invasion of Privacy Act, and other privacy-related laws, as well as breach of contract and unjust enrichment claims.

Judge Chhabria dismissed an earlier version of the lawsuit in July, giving the plaintiffs a final opportunity to amend their complaint. The current version, which is the second amended complaint, remains under scrutiny.

Concerns Over General Allegations

During a Zoom hearing on Google’s motion to dismiss, Judge Chhabria raised concerns about the vague nature of the plaintiffs' allegations. He noted that Google has explicitly instructed developers not to transmit sensitive health information, citing the Health Insurance Portability and Accountability Act (HIPAA).

"Google has flagged the issue for them, and I'm just not sure what else Google is supposed to do," Judge Chhabria said, expressing doubts about the plaintiffs’ argument that Google failed to obtain consent for data collection. He suggested that Google’s actions, such as its warning to healthcare providers, could undermine the plaintiffs' claims.

Plaintiff attorney Melissa Gardner, from Lieff Cabraser Heimann & Bernstein LLP, countered that Google fails to mention how it places unique identifiers on user data it receives from healthcare websites, making the information traceable.

Even if Google complies with HIPAA, Gardner argued, the transmission of sensitive health data could still violate the Wiretap Act and California privacy laws.

Google's Defense

Google’s lawyer, Eduardo Santacana, argued that the plaintiffs have not proven that Google intentionally collected personal health data through its Google Analytics and advertising services. Santacana stressed that Google provides clear terms of service to healthcare providers, warning them of potential violations.

He also pointed out that the plaintiffs’ claim is based on the assumption that Google was aware it would receive personal health information, but Santacana argued that this was speculative. The alleged issues stemmed from the actions of third parties, such as healthcare providers who may improperly use identifiable URLs.