Mass Tort & Consumer Foundation is launching a class action lawsuit against Google over Android's data collection practices. Research shows that the operating system continuously collects data about what happens on and around a phone, without users being able to influence it. In doing so, the U.S. tech company is violating European privacy laws. The foundation announced the lawsuit in a press statement.
The basis for the mass tort claim is a research report conducted and written by scientists between 2022 and 2024. Researchers purchased multiple Android phones and stored, decrypted and analyzed all outgoing traffic on a Dutch server.
The main conclusion is that with Google Play Services, Google systematically collects and transmits large amounts of data about customers and device usage to Google in the background. Even when the most privacy-friendly options are enabled, user data ends up on the technology company's servers in the US. This includes location data, interests, what products we order, what apps we use and numerous other aspects about users' personal data. This produces detailed user profiles from which Google makes billions annually.
Stichting Massaschade & Consument argues that this is unclear to Android users, let alone that they have given permission for it. In doing so, Google violates Dutch and European rules and laws, according to the subpoena (pdf) filed with the court.
"The data we produce every day with our smartphone use offers a hair-splitting picture about our preferences and time use," said Lucia Melcherts, president of Mass Tort & Consumer Foundation. According to her, Google violated the rights of more than nine million Dutch people between May 2018 and today.
Melcherts said the Dutch research shows that Google uses unique identifiers (UIDs). These are characteristics that can be linked to collected data by Google, such as an e-mail address and Android ID. An Android ID is a serial number that allows Google to identify users. This makes tracing someone's identity child's play, researchers say.
"As the developer of Android, Google has always been in an unmatched position to give itself access to that data, but is bound by strict rules meant to protect Android users. However, this study finds that Google has no measure of the data it collects from Dutch Android users. This is very worrisome because your call history, app usage and current location are not meant for other people's eyes," Melcherts said.
To force Google to make fundamental privacy changes and introduce opt-out options for the data the company collects with the Android operating system, the foundation is starting a class action lawsuit against the company. The foundation is also demanding compensation on behalf of nine million Dutch citizens. The foundation does not want to say anything about the amount at this time.
Google criticizes the claim and questions the image created by the foundation. "Like some of the other mass claims we've seen in the Netherlands lately, this is a speculative lawsuit for opportunistic financial gain. It paints a misleading picture of how Android and our other systems work," a Google spokesperson told Tweakers.net. The tech company says it therefore views the case "with great confidence.
The lawsuit is being paid for by Eaton Hall Funding LLC, a U.S. litigation financier. If it reaches a settlement or favorable verdict, the funder will receive 17.5 percent of the proceeds. The remaining amount will be divided among those who signed up for the class action.
This is not the first mass tort suit pending against the search engine giant. Last year, the Consumers Union and Privacy Protection Foundation launched a lawsuit against Google for its "constant surveillance" and sharing of personal data through online ad auctions.
"Google is constantly monitoring everyone. Even with the use of third-party cookies, which are invisible, Google continues to collect data through others' websites and apps even when someone is not using its products or services. This allows Google to monitor virtually the entire Internet behavior of its users. In addition, Google constantly collects users' physical locations, even when they are not actively using their devices and think they are 'offline,'" Ada van der Veer, president of the Privacy Advocacy Foundation, said of the issue.
