New Mexico sues Google alleging it collected data from children

hawki · Feb 21, 2020

"ALBUQUERQUE, N.M. (AP) — New Mexico’s attorney general sued Google Thursday over allegations the tech company is illegally collecting personal data generated by children in violation of federal and state laws.

The lawsuit filed in U.S. District Court in Albuquerque claims Google is using its education services package that is marketed to school districts, teachers and parents as a way to spy on children and their families..."

https://www.marketwatch.com/story/n...ta-from-children-2020-02-21?mod=mw_latestnews

guest · Feb 21, 2020

Google denies claims that free school Chromebooks are illegally collecting student data
A lawsuit filed in New Mexico alleges the free devices are serving a nefarious purpose
February 21, 2020
https://www.zdnet.com/article/googl...hool-chromebooks-are-harvesting-student-data/

The lawsuit, filed against the tech giant on Thursday by New Mexico Attorney General Hector Balderas, alleges that Google is illegally collecting data belonging to minors.

Google has denied the claims, branding them "factually wrong."

"G Suite for Education allows schools to control account access and requires that schools obtain parental consent when necessary," a Google spokesman told sister site CNET. "We do not use personal information from users in primary and secondary schools to target ads. School districts can decide how best to use Google for Education in their classrooms and we are committed to partnering with them."
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mirimir · Feb 21, 2020

OK, so Google admits that it's collecting data. But not for ads. It's probably something about information for improving user experience.

And it argues that, if the data collection is in fact illegal, it's the schools' fault for not obtaining parental consent.

Makes sense to me

guest · Mar 14, 2020

Schools using Google not fazed by New Mexico lawsuit
March 7, 2020
http://www.greenfieldreporter.com/2020/03/07/schools_using_google_not_fazed_by_new_mexico_lawsuit/

Leaders of Hancock County schools that use Google’s educational service do not share concerns of accused spying and data mining outlined in a federal lawsuit against the tech giant.

New Mexico Attorney General Hector Balderas filed the lawsuit against Google in February in a U.S. district court in Albuquerque. The suit accuses Google of violating federal and state laws by collecting personal data children generate, The Associated Press reported.
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Two Hancock County school corporations — Eastern Hancock and Mt. Vernon — use Google’s education package. Eastern Hancock students in first through 12th grade get Google Chromebooks, and Mt. Vernon students in kindergarten through 12th grade get the devices.

“We do not have any indication that Google has data-mined or used any Mt. Vernon students’ data improperly,” Maria Bond, director of community relations for Mt. Vernon, told the Daily Reporter in an email.
David Pfaff, superintendent at Eastern Hancock, said he has yet to receive any legal advice on the matter from the school corporation’s attorney or the Indiana Association of Public School Superintendents.

Nicolas Terry, Hall Render professor of law and executive director [...] said Indiana doesn’t really have any specific state laws protecting data privacy, but added there are multiple federal statutes that do. He too pointed to the Children’s Online Privacy Protection Act; along with a state law protecting the privacy of school records;

“Generally in this country we have very thin consumer data protection laws, with a few exceptions,” Terry said.
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guest · Jun 17, 2020

Google Moves to Dismiss New Mexico COPPA Case
June 9, 2020
https://lawstreetmedia.com/tech/google-moves-to-dismiss-new-mexico-coppa-case/

Google filed a motion to dismiss a privacy complaint brought by New Mexico Attorney General Hector Balderas, who alleged the company violated COPPA through its G Suite for Education (Google Education). The new motion said Balderas failed to state actual claims regarding Google Education and that Google did not violate COPPA terms. This case is being held in the New Mexico District before Judge Nancy D. Freudenthal.

Google also believes that the complaint identified no valid UPA violations, like fraudulent or misleading statements. While the Attorney General alleged that Google made material omissions or misrepresentations through “public-facing documents such as websites, privacy policies, marketing materials, and public statements,” none of these are actually cited.
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The plaintiff’s opposition to Google’s motion for dismissal is due by July 10.
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guest · Oct 2, 2020

New Mexico AG Suit Against Google Regarding Alleged Violations of COPPA Dismissed
October 1, 2020
https://www.huntonprivacyblog.com/2...arding-alleged-violations-of-coppa-dismissed/

On September 25, 2020, the District Court of New Mexico granted Google’s motion to dismiss a lawsuit filed on February 20, 2020, by New Mexico Attorney General Hector Balderas alleging, among other claims, that the company violated the federal Children’s Online Privacy Protection Act (“COPPA” or the “Act”) by using G Suite for Education to “spy on New Mexico students’ online activities for its own commercial purposes, without notice to parents and without attempting to obtain parental consent.”

The Court concluded that the State had failed to state a claim for relief that Google violated COPPA in relying on schools to serve as the parent’s agent and/or to act as intermediaries between Google and the parents in the notice and consent process.
The State has until October 13, 2020, to file an amended complaint to state a COPPA claim that is “plausible on its face.” Otherwise, the claim will be dismissed with prejudice.
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guest · Dec 5, 2020

New Mexico AG Files Notice of Appeal in Suit Against Google Regarding Alleged Violations of COPPA
December 2, 2020
https://www.huntonprivacyblog.com/2...google-regarding-alleged-violations-of-coppa/

On November 27, 2020, New Mexico Attorney General Hector Balderas filed a notice of appeal to the U.S. Court of Appeals for the Tenth Circuit in the lawsuit it brought against Google on February 20, 2020, regarding alleged violations of the federal Children’s Online Privacy Protection Act (“COPPA”) in connection with G-Suite for Education (“GSFE”).

As we previously reported, the U.S. District Court of New Mexico had granted Google’s motion to dismiss, in which it asserted that its terms governed the collection of data through GSFE and that it had complied with COPPA by using schools both as “intermediaries” and as the parent’s agent for parental notice and consent, in line with Federal Trade Commission Guidance.
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