Class Action Claims Google Uses Android Lockbox Program to Spy on Smartphone Users

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Google has unlawfully collected Android users’ personal data through an “internal secret program” known as “Android Lockbox” without first obtaining consent to do so, a proposed class action alleges.

According to the 40-page case, Google has surreptitiously tracked Android smartphone users’ use of third-party apps in order to build a “wealth of highly personal information about consumers.” This information is then used by Google to pursue the tech giant’s business interests and gain a competitive advantage over the likes of TikTok, Facebook and Instagram, the lawsuit alleges.

The case claims that although Google purports to obtain consumers’ permission to collect their information during the Android setup process by informing them that their data will be used to “offer a more personalized experience,” this statement falls short in sufficiently describing the extent of Google’s actual data collection practices. Per the lawsuit, Android users are unaware of and have never consented to the defendant’s use of the Android Lockbox program to “spy on Android Smartphone users” by monitoring and collecting information about their interactions with third-party apps.

“Without obtaining meaningful consent, Google has chosen to secretively obtain Android Smartphone users’ sensitive personal data and exploit this information for its own personal benefit,” the complaint scathes.

The lawsuit centers on a congressional inquiry in which the Subcommittee on Antitrust, Commercial, and Administrative Law of the Committee on the Judiciary found that Google had used its Android Lockbox program, described as “a covert effort to track real-time data on the usage and engagement of third party apps,” to gain competitor insight by tracking which apps were used by Android users and for how long. For instance, Google can find out when an Android user is sick by tracking their use of telemedicine apps, the case explains.

“Google can learn details of a user’s sleep schedule, menstrual cycle, or exercise routine based on when and how often they interact with an alarm clock app, fertility tracker, or fitness app,” the complaint reads. “Similarly, if a user interacts with a dating app, Google knows whether the user is single.”

According to the case, the Subcommittee found that Google had obtained “near-perfect market intelligence” that it used to inform its business decisions, including how to compete with rivals.

The case states that Google’s collection of users’ personal information through its tracking of app usage was confirmed in a July 2020 article published by The Information. According to the lawsuit, Google insiders informed the publication that Android users’ sensitive personal data had been secretly used by the tech giant to compete against TikTok by developing a rival video platform known as “Shorts.”

According to the filing, Android users are only “vaguely” informed during their devices’ setup process that Google will collect their personal data to “offer a more personalized experience.” This, however, is not Google’s true purpose in obtaining users’ personal data, the suit argues, claiming Google’s use of the information to obtain a competitive advantage is never actually disclosed to users.

“This type of vague and ambiguous purported disclosure is deceptively misleading and insufficient for Plaintiffs and Class members to understand, let alone consent to what Google is actually doing—spying on Android Smartphone users,” the complaint contests.

According to the suit, Android users would not have purchased or would have paid less for their smartphones had they known Google would secretly collect their personal data for its own business purposes without their consent.

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