Google Wins Dismissal of Lawsuit over Gemini Data-tracking Claims

Google has secured the dismissal of a consumer lawsuit accusing the technology giant of allowing its artificial intelligence platform, Gemini, to track users' communications without their knowledge or consent.

US District Judge Noel Wise, sitting in San Jose, ruled that the two Google users who filed the proposed class action last year had failed to demonstrate that Gemini had caused them any actual harm.

Judge Wise said the plaintiffs' claims that Gemini could potentially be used to track user data were insufficient to sustain the lawsuit.

"Most importantly, plaintiffs have not alleged that their own data has been impacted by Gemini tracking," the judge said in her ruling.

However, the court granted the plaintiffs 21 days to amend their complaint and refile the case.

Google and the plaintiffs' lawyers did not immediately respond to requests for comment. Google has consistently denied any wrongdoing.

The lawsuit alleged that Google violated users' privacy by enabling Gemini to track communications by default rather than requiring users to opt in. The complaint claimed that Google was using Gemini "to access and exploit" users' emails and other personal records.

"Google's deceptive and outrageous conduct violates its users' reasonable expectations of privacy," the lawsuit alleged.

In seeking dismissal, Google argued that the plaintiffs had failed to identify any specific instance in which their communications had been accessed or misused.

Judge Wise agreed that the complaint relied on broad assertions about the type of information that could be accessed through Google accounts rather than evidence of actual misuse.

"Plaintiffs have not observed their data being used by Gemini, for example, via targeted advertisements, personalised suggestions, or other changes in their services," the judge wrote.

The case is Thomas Thele et al v Google LLC, US District Court for the Northern District of California, No. 5:25-cv-09704-NW.

 
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