The U.S. Court of Appeals for the Ninth Circuit is closely examining the venue question in a privacy lawsuit targeting an unnamed e-commerce platform. During oral arguments, Judge Daniel Collins posed a pointed question about the geographical relevance of the alleged data collection and transmission activities. “An electronic signal is sent over [and] something is implanted on a device that is in California,” noted Collins. “It takes data in California from a device in California and ships it out of California. The claim is that the collection and transmission of the data violates California statutes. How does that conduct not occur in California?”
The underlying issue is whether the actions of the e-commerce platform, which involve collecting and transmitting data from devices located within California, can indeed be considered a violation of California’s privacy laws when the data is ultimately sent outside the state. You can read more about the case and follow the developments here.