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The Northern District of California denied a motion for class certification in a suit over Google’s practice of scanning Gmail messages in order to serve content-based advertising. This Privacy Tracker exclusive discusses how Gmail’s Terms of Service and Privacy Policy, which the court previously called “vague at best and misleading at worst,” and “a ‘panoply of sources’ where users could have impliedly consented to Google’s practices” helped the court make its decision. “Putting aside the question of whether Google’s Terms were in fact vague or misleading, a key takeaway for businesses from this case should be the importance of educating customers about their data practices,” the authors write. (IAPP member login required.)
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