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Google Presses Case for Limited Remand in Chrome Privacy Appeal

The six plaintiff-appellants who are appealing the district court’s granting of summary judgment to Google in a Chrome privacy case don't dispute that the lower court’s evidence preservation orders require Google “to expend extraordinary amounts of money and human resources…

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to preserve an enormous quantity of data,” the company said Monday. Google filed a reply brief in the 9th U.S. Circuit Appeals Court (docket 22-16993) in support of its motion for a limited remand so the district court can “reassess” those evidentiary orders. The appellants are Chrome users who allege Google improperly collects the personal information of users who opt not to “sync” their browsers to their Google accounts (see 2212290037). The quantity of data preserved in evidence “grows every day this appeal is pending,” said Google. The lower court said the appellants’ claims “lack merit because they expressly consented to the data collection they challenge,” it said. “In light of that finding, it makes perfect sense to reassess whether enormous quantities of data that only Appellants want preserved should continue to be preserved at the same scale -- and if so, whether Google alone should bear the cost,” it said. The appellants oppose the motion, but “do not identify any prejudice they will face from a limited remand,” said Google. The motion involves preserved data “that is not part of the discovery record and is indisputably irrelevant to the merits of their appeal,” it said.