U.S. District Judge Noel Wise in San Jose said in her ruling on Tuesday that the two Google users who filed the proposed class action last year failed to show that the company’s artificial intelligence platform Gemini had harmed them.
Wise said the consumers’ claims that Gemini could be used to track their data could not alone sustain their lawsuit. “Most importantly, plaintiffs have not alleged that their own data has been impacted by Gemini tracking,” Wise said.
The judge said the plaintiffs could amend and refile their case within 21 days.
Google and lawyers for the plaintiffs did not immediately respond to requests for comment on Tuesday. Google has denied any wrongdoing.
The lawsuit alleged Google violated user privacy by allowing Gemini to track communications by default, rather than as an opt-in feature. The complaint said Google was using Gemini “to access and exploit” its users’ emails and other records.
“Google’s deceptive and outrageous conduct violates its users’ reasonable expectations of privacy,” the lawsuit said.
Google in asking Wise to dismiss the lawsuit said the plaintiffs had not alleged “that any specific communication of theirs was ever accessed, much less that it was misused.”
Wise said the plaintiffs described only in general terms the kind of information that could be accessed through their Google accounts.
“Plaintiffs have not observed their data being used by Gemini, for example, via targeted advertisements, personalized suggestions, or other changes in their services,” the judge wrote.
