“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.
