As digital footprints multiply faster than physical ones and consumers embrace the era of email storage, social media postings, and digital media inactivation, a landmark lawsuit is focusing national attention on the delicate tension between automated enhancement and individual privacy. At issue is the too-close-to-call battle between Google, the high-powered tech firm of the digital age and incubator of an era that seamlessly connects consumers and their information, and a personal data protection statute intended to rescue unwitting users from their own ignorance.
A class-action lawsuit is seeking to hold Google to account in California, where the company is accused of ‘covertly tracking and collecting’ personal information about drivers with disabilities through the state’s Department of Motor Vehicles (DMV) site. Specifically, the plaintiff Katherine Wilson alleges that Google is violating the Driver’s Privacy Protection Act (DPPA) and the California Invasion of Privacy Act (CIPA) by tracking her without her consent, as she had requested not to be tracked; and by collecting sensitive information (known to be collected by the DMV) without her authorisation.
At the centre of Wilson’s complaints stood Google Analytics and DoubleClick trackers, spying on users without their knowledge, her argument went, and using the information to create advertising profiles that almost no one would consent to share if they knew about.
As the DMV pressured people to do business with them online for convenience, 40 per cent of disability placard renewals in 2023 were conducted online. And all the while an invisible Google forms itself out from the droplets of background data, harvesting the kind of sensitive information we’re going to need to monitor.
Wilson’s complaint helps to highlight how, according to Google, it tracks the intricacies of interactions with the DMV site, from how you searched before finding the page to how you filled out an application, collating this information in secret in a way that could include sensitive health information, and ultimately breaching what they argue are the reasonable expectations of privacy of its DMV site users.
The suit mirrors anxieties that were pressing on Congress when it passed the DPPA in 1994 – anxieties expressed by the bill’s sponsor, the Virginia Democrat James P Moran, and ultimately intended to prohibit the exact sort of invasion of privacy that the woman in the courtroom seemed to be enduring. Legal protections, it seems, have proven unable to quell fears that Google and its ilk have circumvented them for an easy buck by way of technical innovation.
In response to these criticisms, a Google representative has pointed out that the company neither owns nor controls the data collected through Google Analytics, nor does it use it for ad-targeting. Instead, Google sees itself as a service provider and businesses as responsible for how they handle their data, including obtaining consent.
Amid this legal saga, it is useful to consider what Google symbolises about our collective experience of the digital world. Google is not just a search engine or suite of free productivity tools – it symbolises the complicated promise of what the modern internet can be: from enabling discovery of information to advancing digital economies to empowering innovation into the future. Google does a lot, and not all of it is necessarily positive, as this lawsuit starkly reveals. What Google shows is how hard it is to walk the fine line between exploiting technology to create growth and respecting the privacy rights of individuals.
And as long as they endure, cases such as Wilson’s will keep us all mindful of the need for more truthful and responsible ways of developing technology. The right kind of conversations – the ones provoked by such legal battles – can also stimulate more privacy-aware ways of innovating. That would be a good thing, because nowadays, the digital superhighway can seem like a truly dangerous road.
In the final analysis, the debate about Google’s alleged surveillance activities highlights the enduring tension between technological innovation and the right to personal privacy. As the digital landscape continues to reshape the social fabric of humanity, ‘consent, transparency, respect and control’ must remain the north star of technological innovation, keep the fraudsters and corporate managers at bay, and guide the process of technological progress toward responsible, equitable outcomes.
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