Judge mostly tosses privacy case over LinkedIn’s Insight Tag

Even so, the judge said he was troubled by the collection of some medical information.SAN JOSE, Calif. (CN) — A federal judge has mostly tossed a privacy case brought against LinkedIn over the company’s Insight Tag.Users said the feature — which links actions on third-party advertiser websites to specific LinkedIn profiles — collected sensitive medical data without their permission. But Senior U.S. District Judge Edward Davila mostly granted the company’s motion to dismiss, leaving only an intrusion on seclusion claim.In his 15-page ruling on Thursday, the Barack Obama appointee said the job networking site thoroughly disclosed its Insight Tag activity.“LinkedIn not only discloses that it ‘use[s] cookies and similar technologies to collect data,’” he wrote — “it also explicitly explains how the Insight Tag works.”What kept Davila from granting a full dismissal, though, was the fact that medical information seemed to have been captured.“The issue of health information being shared via tracking technology is so well known in the technology industry that LinkedIn should have known its Insight Tag was likely collecting personal health information,” the judge wrote.One plaintiff, Kimberly Johnson, said Insight Tag had collected medication and dosage information which she submitted through the online state marketplace Nevada Health Link. She claimed “LinkedIn monetized the intercepted personal health information in the form of targeted advertising,” Davila noted.The judge said there was “relatively weak” evidence that LinkedIn intended to collect the information but said he nonetheless found “these allegations sufficient to survive a motion to dismiss.” He also said he wasn’t convinced that some health care sites using Insight Tag — including Nevada Health Link and Covered California — disclosed how Insight Tag was used or “any sort of data-sharing practices.”In October, Davila declined to toss a similar medical privacy suit also brought over LinkedIn’s Insight Tag. The two related cases were filed in federal court in Northern California.Attorneys for the plaintiffs and for LinkedIn did not immediately respond to requests for comment.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads