Complaint filed against Massachusetts for installing Covid app tracking software collecting location and health data

ByLance T. Lee

Nov 22, 2022

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On November 14, 2022, Massachusetts residents Robert Wright and Johnny Kula filed a proposed class action lawsuit court case in the United States District Court for the District of Massachusetts against the Massachusetts Department of Public Health and the Commissioner of the Massachusetts Department of Public Health, alleging that they unlawfully installed Covid-19 tracking software on more than one million Android phones without owner’s permission to collect location and health data.

According to the complaint, the Massachusetts Department of Public Health worked with Alphabet Inc.’s Google to install exposure notification software through Android phone settings. The plaintiffs allege that the contact tracing app was automatically installed without warning to collect location and health data in violation of the Fourth and Fifth Amendments to the United States Constitution, violations of Article X and Article XIV of the Massachusetts Bill of Rights, violation of the Computer Fraud and Abuse Act, common law intrusion into personal property, ultra vires government action, unauthorized access to computer systems and invasion of private life.

The potential size of the class is estimated at more than one million individuals. The plaintiffs seek $1 in damages and an injunction to prevent further unauthorized app installations and uninstall the app from Androids with non-consenting users.

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