Microsoft and Google are facing the prospect of the first UK class action over the alleged unlawful collection and use of consumers’ personal data to train their artificial intelligence platforms.
Manchester-based Barings Law is aiming to sign up Brits to the legal claim for a myriad of data misuses, including collecting extensive information about users’ voices, demographics, time spent on apps, personal details such as email addresses, contents of emails and more.
The legal firm claims to have been investigating the issue for almost two years and insists that a large array of data is being stored and shared to develop large language models.
The firm has now launched a national marketing campaign targeting anyone with a Microsoft or Google account or those who have used their services, potentially tens of millions of Brits.
These platforms include but are not limited to YouTube, Gmail, Gmail messages, Google Docs, browsing history, map searches, docs, LinkedIn, OneDrive, Outlook, Microsoft 365, Xbox and more.
Data Protection authorities across Europe have beenn quick to stamp out this data grab. In September, LinkedIn caved into pressure over its AI scheme following an intervention from the UK’s Information Commissioner’s Office. The company joined Meta, X, and Google to either suspend or scrap their programmes on the back of claims they have been using user data without consent.
Privacy organisation NOYB, backed by Austrian lawyer Max Schrems, has also lodged complaints about ChatGPT pioneer OpenAI, claiming it is in breach of GDPR.
Barings Law plans to issue court proceedings at the beginning of 2025.
The cyber security specialist firm has extensive experience in high-profile data breach cases, including the Capita cyber-attack, and it recently settled a high-profile data protection claim.
Barings Law head of data breach Adnan Malik said the team are well prepared to take on the mammoth tech companies.
He explained: “This case is the Everest of data collection, but we are ready to fight for the right of secure privacy for Microsoft and Google users throughout the UK. We are shocked and disgusted to learn about the level of data that has been and continues to be collected.
“Both companies are collecting data such as the sports teams you follow, the programming languages you prefer, the stocks you track, your local weather or traffic, the route you take to work and what your voice sounds like.
Malik emphasised that the development of AI must not come at the cost of privacy. He added: “Individuals have the right to know what data of theirs is being stored and what it is being used for. They also have the right to opt out of their behaviours, voice, likeness, habits and knowledge being used to train AI – for the profit of tech giants.
“As technologies continue to develop, individual data has become the most valuable commodity in the world. We know that it’s illegal to steal commodities like money, gold, oil. As a society we cannot accept that it’s acceptable to steal the commodity of personal data.”
OpenAI, the company behind ChatGPT, and Microsoft are already facing a $3bn class action in the US, over so-called “data scraping”.
Malik concluded: “If you are shocked, upset, appalled, or annoyed that your data is being used without your knowledge and consent, my message to you is simple – do something about it by joining the fight. Let’s take the future of our data and AI into our own hands.”
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