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October 06, 2023

Google Files Motion for Summary Judgment in Period App Privacy Class Action

On September 29, 2023, Google filed a motion for summary judgment in Frasco, et al. v. Flo Health, Inc., arguing that it did not violate users’ privacy rights regarding data collected by its menstruation tracking app, Flo. The proposed class action was brought following a 2021 FTC settlement with co-defendant Flo that required the app to notify users of the disclosure, instruct third parties to delete any health sensitive data, and submit to an independent review of the app’s privacy policies and procedures. The named plaintiffs alleged that Flo disclosed app users’ sensitive and protected health information through software development kits (SDKs) shared with third parties. Google argues that the plaintiffs lack standing to sue Google and that the plaintiffs’ claims failed on the merits because Flo only transferred pseudonymous data to Google, Google had no knowledge of the meaning of the data, and Google did not disclose any Flo data to third parties. 

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