US judge dismisses New Mexico privacy claims against Google

A U.S. district judge has dismissed New Mexico’s privacy claims against Google over privacy concerns, but New Mexico's top prosecutor vowed Monday to continue legal fight to protect child privacy rights.

judge concluded in a ruling Friday that federal laws and regulations do t require direct consent from parents when schools participate in Google’s education platforms. Google had asked that case be dismissed, saying it hasn’t violated any laws as it is required only to make reasonable efforts to provide tice and obtain consent.

Under ruling, New Mexico can amend its complaint.

“ law is clear that Google must protect our children’s privacy, and we strongly disagree with court’s ruling,” New Mexico Attorney General Hector Balderas said in a statement to Associated Press. “For years massive tech companies like Google have lobbied Washington to keep mselves from being regulated, and I have doubt that a company that has already paid millions of dollars in fines to federal government is t putting privacy and security of children first.”

Google spokesman Jose Castaneda said Monday company was pleased with ruling and it will continue working with schools to protect students’ privacy.

lawsuit was filed in 2018, alleging that Twitter, Google and mobile app companies violated state and federal laws by collecting personal information through apps without consent.

case was initiated as public concerns escalated about wher information regarding online interests, browsing and buying habits were slipping into hands of data brokers without consent. An Associated Press investigation at time found that many Google services on Android devices and iPhones were storing user location even if users turned off location history.

In New Mexico case, state alleged Google failed to give direct tice to parents and that any tice Google provided wasn't intended for child’s parent and contains terms that child under of 13 would comprehend.

“While state argues for direct tice to and consent by parents, that is t what law and regulatory framework require,” ruling states. “While this might be preferred in a perfect world, law only requires operators to ‘make any reasonable effort’ to provide tice and obtain consent.”

In considering what constitutes a reasonable effort, court pointed to guidance from Federal Trade Commission that recognizes many schools already seek parental consent for in-school Internet access at beginning of school year and that Google's G Suite for Education agreement — to which schools commit when y use services — authorizes Google’s data collection practices.

Im: Representative/unsplash