Google, DOJ Agree Alleged Victims Lack Standing in Data Privacy Lawsuit

Google and DOJ agreed alleged victims don’t have the right to sue the company in a case involving its $8.5 million data privacy settlement (see 1811060054). The filings are in Frank v. Gaos (docket 17-961), a Supreme Court online privacy case where Google asks the high court to uphold the settlement directed to charitable and academic organizations instead of alleged victims. After oral argument (see 1810310043), the high court requested supplemental briefs on whether plaintiffs have the right to sue Google. Meanwhile, the petitioner and respondent agreed alleged victims have standing. Unauthorized sharing of user data warrants action in court, regardless of proof of further harm, consumers argued Friday. The opposing party, Competitive Enterprise Institute Litigation Director Ted Frank, agreed, arguing the “best view is that plaintiffs have sufficiently pled standing, because they allege a congressionally recognized injury consistent with those recognized in historical practice.” The alleged victims haven't established standing through required concrete injury, Google argued. The solicitor general argued, “Nothing in the common law suggests that disclosures of the kind forbidden by the [Stored Communications Act] categorically create concrete harms.”