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A federal judge in California has ruled that a proposed class action lawsuit accusing Google of unlawfully collecting users’ personal health data from healthcare provider websites may move forward, marking a significant development in the ongoing Google healthcare data tracking bulk suit.

U.S. District Judge Vince Chhabria refused to dismiss most claims filed by a group of anonymous consumers against Google LLC, but limited the case to allegations concerning data collected prior to 2023. This restriction follows Google’s update of its guidance for healthcare providers, instructing them not to send sensitive health information through Google Analytics on HIPAA-protected pages.

Judge Chhabria stated that Google was aware of how its products operate and intentionally sought to avoid receiving private health information by clarifying usage restrictions for healthcare providers. However, the judge found it reasonable to infer that before this update, Google “intended to receive communications containing individually identifiable health information,” potentially capitalizing on the data collection.

The lawsuit, initially filed in May 2023, alleges that Google harvested personal data from visitors to healthcare websites without proper consent, using the information to enhance its advertising services. The complaint asserts violations under the federal Wiretap Act, California Invasion of Privacy Act, common law privacy, breach of contract, and unjust enrichment.

While Google argued the suit lacked merit and sought dismissal, Judge Chhabria concluded that factual issues regarding consent and Google’s role in recording data prevent dismissal at this stage. The court allowed claims related to data collected before Google’s 2023 policy change to proceed, while dismissing certain breach of contract claims.

Plaintiffs are represented by legal teams from Simmons Hanly Conroy LLC, Lowey Dannenberg PC, Lieff Cabraser Heimann & Bernstein LLP, Kiesel Law LLP, and Scott + Scott Attorneys at Law LLP. Google is represented by Willkie Farr & Gallagher LLP.

The case, Doe et al. v. Google LLC, case number 3:23-cv-02431, is pending in the U.S. District Court for the Northern District of California.