Arizona Settles With Google For Historic $85 Million Over Misappropriating Location Data

Arizona Settles With Google For Historic $85 Million Over Misappropriating Location Data

By Corinne Murdock |

On Tuesday, the state of Arizona reached an $85 million settlement with Google over profiting on a deceptive acquisition of users’ location data. It is the most per capita that Google has paid out for this type of lawsuit. 

In a press release announcing the settlement, Attorney General Mark Brnovich shared that the legal battle constituted one of the biggest consumer fraud lawsuits in state history. 

“When I was elected attorney general, I promised Arizonans I would fight for them and hold everyone, including corporations like Google, accountable,” said Brnovich. “I am proud of this historic settlement that proves no entity, not even big tech companies, is above the law.”

Brnovich launched a two-year investigation into the Big Tech giant in 2018 after the Associated Press reported that users were misled and deceived about the collection and use of their Android smartphone’s location data — even if the user disabled their location history. The Big Tech giant would collect location data through other phone settings without consent in order to sell ads. 

Brnovich stressed these facts when he sued Google in 2020. In all, the investigation and litigation took about four years. 

“While Google users are led to believe they can opt-out of location tracking, the company exploits other avenues to invade personal privacy,” said Brnovich. “It’s nearly impossible to stop Google from tracking your movements without your knowledge or consent. This is contrary to the Arizona Consumer Fraud Act and even the most innovative companies must operate within the law.”

Over 80 percent of Google’s revenues were generated through advertising. 

While Google misled users on how it would collect and profit off of their personal location data, they would purport to err on the side of transparency through initiatives like their “Transparency Report.” The company continues to raise concern about how governments and other corporations engage with individuals’ data.

They also used to publish an annual report, “Android Security Year in Review,” which discussed their efforts to protect Android users’ data. The last report of that kind was issued in March 2019, about 7 months after the AP report.

Google petitioned the courts to seal Brnovich’s complaint and exhibits in the case, prompting widespread backlash from transparency advocates. Some aspects of the documents are unredacted, though the remainder are redacted.

READ THE REDACTED COMPLAINT AND EXHIBITS AGAINST GOOGLE

Most of the $85 million will go to the state’s general fund, with $5 million set aside for attorney general education programs. 

Joseph Kanefield, Brunn Roysden, and Michael Catlett handled the case for the attorney general’s office. Outside counsel included Kevin Neal and Ken Ralston of Gallagher & Kennedy, and Guy Ruttenberg and Mike Eshaghian of Ruttenberg IP Law. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Congresswoman Lesko Asked CDC to Explain Its Tracking Of Americans’ Locations, Movements

Congresswoman Lesko Asked CDC to Explain Its Tracking Of Americans’ Locations, Movements

By Corinne Murdock |

Last Friday, Congresswoman Debbie Lesko (R-AZ-08) joined a letter asking Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky what legal authority her agency had to purchase Americans’ location data.

The CDC reportedly shelled out $420,000 for one year of phone data from at least 20 million Americans’ phones. The CDC’s transaction and its purposes were exposed through documents obtained by VICE through open records requests. 

The CDC documents outlined plans to use the data to not only track COVID-19 curfew and quarantine compliance but visits to places of worship, K-12 schools, pharmacies, neighbors, parks, gyms, weight management companies, grocery stores; as well as the movements of Navajo Nation peoples, K-12 bus route users, and college students, to name a few. According to the documents, the CDC purchased the geotracking data from the controversial data broker SafeGraph. In doing so, the CDC relied on the same type of data currently being scrutinized for its use to track potential ballot harvesters, or “mules,” as highlighted in the controversial documentary “2000 Mules.” 

Lesko joined 18 other legislators led by Congressman Kelly Armstrong (R-ND) to demand answers from the CDC. They expressed concern over the legality of the CDC surveilling Americans, citing a 2018 Supreme Court ruling that determined that mobile location information fell within a reasonable expectation of privacy. 

“This violates the rights of Americans!” tweeted Lesko. 

The congressman asked the CDC to explain what legal authority they had to acquire location data (especially concerning places of worship and its relation to the First Amendment), whether they obtained legal advice in order to do so, and whether they informed Congress of their intent to do so; if they’d requested Congress within the last five years to enact legislation specifically authorizing the purchase or acquisition of location data; what specific appropriation line item funded the purchase of the location data, and if they conducted an internal review to ascertain the compliance of their purchase; what form they purchased the data and if it included any personally identifiable information or it was in an aggregate, anonymous form; whether the data had been deleted or was being repurposed for other uses; what conclusions, analyses, or other methods were the results of their data acquisition; whether this was the only instance of them purchasing location data; who decided to purchase the data; and who has access to the data.

This wasn’t the first time that the CDC relied on SafeGraph. Throughout the 2020, they relied on SafeGraph information to conduct their reports on Americans’ compliance with stay-at-home orders. According to the documents obtained by Vice, the CDC continued relying on SafeGraph’s public data until the company no longer provided their data for free last March.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.