Under the ruling, New Mexico can amend
its complaint.
“The law is clear that Google must protect our
children’s privacy, and we strongly disagree
with the court’s ruling,” New Mexico Attorney
General Hector Balderas said in a statement
to The Associated Press. “For years massive
tech companies like Google have lobbied
Washington to keep themselves from being
regulated, and I have no doubt that a company
that has already paid millions of dollars in fines
to the federal government is not putting the
privacy and security of children first.”
Google spokesman Jose Castaneda said the
company was pleased with the ruling and it
will continue working with schools to protect
students’ privacy.
The lawsuit was filed in February, citing
violations of state law and the federal
Children’s Online Privacy Protection Act. It
followed a separate legal challenge in 2018
that alleged Twitter, Google and mobile app
companies violated state and federal laws by
collecting personal information through apps
without consent.
The cases were initiated as public concern
has escalated about whether information
regarding online interests, browsing and buying
habits were slipping into the hands of data
brokers without consent. An Associated Press
investigation in 2018 found that many Google
services on Android devices and iPhones were
storing user location even if users turned off
location history.
In the latest New Mexico case, the state alleged
Google failed to give direct notice to parents