Google has secured a legal victory after a U.S. federal judge dismissed a proposed class-action lawsuit accusing the company of allowing its artificial intelligence platform, Gemini, to monitor users’ communications without their knowledge or consent.
In a ruling issued on Tuesday, U.S. District Judge Noel Wise in San Jose found that the two plaintiffs failed to demonstrate they had suffered any personal harm as a result of Gemini’s alleged data-tracking practices.
The judge said claims that Gemini is capable of accessing user data were not sufficient on their own to support the lawsuit, noting that the plaintiffs had not shown that their own information had been collected or misused.
However, Wise allowed the plaintiffs to amend their complaint and refile the case within 21 days.
The lawsuit, filed last year, alleged that Google violated users’ privacy by enabling Gemini to access communications by default instead of requiring users to opt in. It accused the company of using the AI system to access emails and other personal information without adequate consent.
Google denied the allegations and argued that the complaint failed to identify any specific instance in which the plaintiffs’ communications had actually been accessed or improperly used.
In her decision, Judge Wise agreed that the plaintiffs had described only the types of information Gemini could potentially access through Google accounts but had not provided evidence that their own data had been affected.
She also noted that the plaintiffs had not identified any signs of misuse, such as targeted advertising, personalised recommendations or other changes to their Google services that could indicate their information had been used by Gemini.
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