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Google data misuse class action lawsuit overview:
- Who: Google is pushing back against a class action lawsuit filed against it by Andrew Prismall.
- Why: Prismall claims Google processed patient records during testing for DeepMind’s kidney injury app Streams, without the patients’ knowledge or consent.
- Where: The class action lawsuit was filed in the King’s Bench Division of the High Court of Justice of England and Wales.
Google is pushing back against a class action lawsuit accusing it of misusing data the company collected from patients to test a kidney injury app, with the tech giant arguing that the majority of the proposed class members were unharmed.
Plaintiff Andrew Prismall — who wants to represent a class of 1.6 million individuals — claims Google processed patient records for the app, developed by DeepMind and called Streams, without their knowledge or consent, reports Law360.
Prismall argues patients were not given an opportunity to opt out of having their private information processed by Google, causing them to ultimately suffer a “loss of control” over their data.
Google, however, claims the proposed class members do not have the same interest in the class action and that the “lowest common denominator” member would not have suffered any injury from the data processing, reports Law360.
Now-defunct Streams app notified clinicians at London’s Royal Free Hospital about patients’ blood creatinine levels
The now-defunct Streams app was reportedly designed to notify clinicians at London’s Royal Free Hospital in the event a patient’s blood creatinine levels indicated that they were at an elevated risk of acute kidney injury.
The Information Commissioner, meanwhile, has reportedly determined that around 1.6 million Streams users had their patient records used during testing for the app, and that the Royal Free Hospital had not been compliant with U.K data protection law while doing so.
Transfer of the Streams users data was completed in October 2015, according to the Google class action, more than a year prior to when the app went live in February 2017, reports Law360.
Last November, the U.K’s Competition and Markets Authority said it was investigating an alleged duopoly between Google and Apple that the agency is concerned may be holding back web developers and harming consumers.
Have you had your data processed by Google without your knowledge or consent? Let us know in the comments!
The plaintiffs are represented by Timothy Pitt-Payne KC and Stephen Kosmin of 11KBW, and Gerard Rothschild of Brick Court Chambers, instructed by Mishcon de Reya LLP.
The Google data misuse class action lawsuit is Prismall, et al. v. Google U.K. Ltd. and another, Case No. QB-2022-001362, in the King’s Bench Division of the High Court of Justice of England and Wales.
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