Google Accused of Tracking Canadians in Class Action Lawsuit

A proposed class action lawsuit was filed last week in the Supreme Court of British Columbia against Google on behalf of the millions of Canadians whose personal information was allegedly collected without consent by the global internet giant. This is the province’s third Google class action lawsuit in recent months, and is part of a coordinated national effort, with sister class action lawsuits Canada commenced in Ontario and Quebec.

The claim is brought on behalf of Canadian residents who used Google services or visited websites containing Google Ads or Google Analytics.

Google Secretly Trespasses Users’ Devices

The Google class action lawsuit Canada alleges that the internet mogul trespasses users’ devices by sending a code to their computers, tablets, or smartphones when they visit any of Google’s thousands of sites or services. That code, claims the class action lawsuit, forces users’ computers or smartphones to secretly send users’ personal information to Google, including personal data such as their name, gender, location, the terms users typed into Google, their IP address, and the site they’re visiting.

Google’s data collection system allegedly reveals additional sensitive personal details, such as marital and parental status, income bracket and sexual orientation. The claim asserts that Google uses some of this information to target advertising to internet users without their knowledge or consent, in violation of Canadian privacy and consumer protection laws.

Secret Tracking Alleged

According to Luciana P. Brasil, partner at Branch MacMaster LLP of the British Columbia legal team said that the Google class action lawsuit “alleges that Google turns Canadians’ electronics into tracking devices, which it uses to build profiles on almost every Internet user in Canada; even people Google has no relationship with, all without their consent.” Indeed, similar claims have also been alleged in the Quebec Google class action lawsuit.

In Quebec, Google is facing a class action lawsuit alleging that the multinational corporation misrepresented to users  how much control they have over the information they share when they browse the web using incognito mode. The Google class action lawsuit claims that regardless of the browsing mode chosen, Google collects users’ browsing data without consent.

Indeed, claims against Google for privacy breaches and unlawful data collection have sprung up across Canada.

“There is no reason Canadians should tolerate what we say is extensive surveillance of their daily online activities, especially because Canada has laws specifically intended to protect them from such actions,” Brasil continues.

Google Breached “Fundamental Privacy Rights”

The claim also argues that Google violates privacy, consumer protection and competition laws by misrepresenting its privacy and data practices.

The British Columbia Google class action lawsuit alleges the conglomerate illegally violates users’ fundamental privacy rights by collecting their data without consent. Notably, Canada’s federal and provincial private-sector privacy laws require corporations to obtain meaningful consent for the collection, use and disclosure of personal information. PIPEDA, Canada’s private-sector privacy legislation, requires an individual’s knowledge and consent for the collection, use, or disclosure of personal information, something Google allegedly neglected to do. PIPEDA also requires that the purposes for which an individual’s information is to be collected, used or disclosed be explained in a clear and transparent manner.

Allegations of Illegal Conduct Target Google

“Google tells its users that they have a choice about how Google uses their information, but we don’t believe that users have a choice about whether or not Google collects their information in the first place,” according to Reidar Mogerman QC, partner at Camp Fiorante Matthews Mogerman LLP. “The claim alleges this is misleading advertising and is a direct violation of consumer protection law.”

Another British Columbia class action lawsuit filed in August against Google claims that the tech-giant “has deliberately intercepted, collected, recorded and exploited the personal information” of individuals who use “private browsing mode” or “incognito mode” on their web browsers. This class action lawsuit also alleges that Google misled consumers about their privacy protection.

Jonathan Foreman, partner at Foreman & Company told reporters that “Internet-based companies doing business in Canada have to follow Canadian privacy, competition and consumer protection laws. This case aims to rein in what we say is rampant collection of personal information and to make sure Canadians’ privacy rights are protected.”

The Google class action lawsuit is seeking compensation for invasion of privacy, trespass, consumer protection violations and more. It also seeks an order preventing Google from continuing these invasive practices.

Do you use Google? Are you concerned about your privacy rights? Share your thoughts with us in the comments below!

The proposed Google class action lawsuit is spearheaded by a team of law firms across Canada, namely, Branch MacMaster LLP, Camp Fiorante Matthews Mogerman LLP, Arvay Finlay LLP in British Columbia; Foreman & Company in Ontario; and Belleau Lapointe in Quebec, among others.

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