A federal judge in San Jose has found that plaintiffs haven’t yet shown that Google ran afoul of California privacy laws by storing geolocation data for people using its mobile apps who had turned off “location history” on their mobile devices.

Google was hit with a class action lawsuit last summer bringing claims under the California Invasion of Privacy Act, or CIPA, and the state’s constitutional right to privacy. The suit came in the wake of reporting by The Associated Press that Google stored the locations of people using its apps on Android and Apple devices despite the fact that they had turned off the devices’ “location history” function. The suit maintained that Google’s collection and storage of location data was “against the express wishes and expectations of its users.”

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