Google’s arguments over third-party cookies that it used in winning its Supreme Court case are inconsistent with another case on the ‘Privacy Sandbox,’ it was claimed today.

The ‘Movement for an Open Web,’ a group of tech business, publishers and advertisers, claimed that Google had said that third-party cookie were not a threat to privacy in its first case. However, the company claims that they are in the second.

It comes after the UK’s highest court yesterday blocked a £3billion lawsuit against the US tech firm over claims it secretly tracked millions of iPhone users’ web activity. 

If the case had been successful, more than four million Britons would have received damages of up to £750 each for alleged breaches of the Data Protection Act.

The Supreme Court however ruled that former Which? director Richard Lloyd had failed to prove that’material damage or distress was caused to individuals as a result. Director Richard Lloyd failed to show that individuals suffered’material distress or damage’ as a result. 

Movement for an Open Web. MOW (also called MOW) claims that the Supreme Court’s decision yesterday was not as impressive as Google’s.

Google is planning to replace so-called third party cookies with a new 'Privacy Sandbox'. The company's headquarters at Mountain View in California are pictured

Google intends to substitute third party cookies by a new “Privacy Sandbox”. The headquarters for the company at Mountain View, California is pictured

According to the court, a simple collection of data does not constitute an invasion of privacy. Therefore, the mass lawsuit could not be filed. This is a ruling that may benefit Google.

The UK’s top court ruled that Lloyd failed to show an infraction of privacy law due to the simple collection of data.

A MOW spokesperson said that today, “Put simply” – the Google setting of third party cookies was not an invasion of privacy.

MOW claimed that Google would like to argue third-party cookies are invading privacy, to make businesses use its controversial technology within the Privacy Sandbox.

Google will replace third-party cookies by a new Privacy Sandbox. This means that, instead of traditional cookies which allow advertisers to track individual users across websites, Google will now split them into groups.

MOW claims that this will limit open internet competition because it reduces the information other tech companies, publishing and advertising firms have on their users.

The Supreme Court yesterday ruled that claimant, former Which? director Richard Lloyd, had failed to prove that ¿material damage or distress¿ had been caused to individuals

Yesterday’s Supreme Court ruling found that former Which? director Richard Lloyd was the claimant. director Richard Lloyd, had failed to prove that ‘material damage or distress’ had been caused to individuals

MOW stated that the Privacy Sandbox will prevent independent analytics, fraud detection and data services. It also affects performance optimization and other open-source features.

According to the Californian firm, it will increase the value data it receives from unique sources through integrated services like search functions.

A spokesperson for the MOW said that Google is simply trying to exploit the system in its favor against competitors. 

MOW filed a complaint to the European Union in September over Google’s next-generation of its Privacy Sandbox system.

MOW claims that the system is extremely anti-competitive. Its spokesperson said that today, “Privacy Sandbox” software by MOW aims to block cookies from third parties.

This doesn’t decrease Google’s collection of data, it just requires that advertisers relying on Google for data must use Google to get them. 

“Increased dependency on Google is good news for Google, but it restricts the competition.”

The 'Privacy Sandbox' will be a major overhaul of how ads work on Google's Chrome browser

Google’s Chrome browser’s privacy sandbox will make it easier to display ads.

James Rosewell, Director of MOW added that: ‘The court’s verdict found nothing intrinsically evil about businesses collecting information.

“It also calls into question Google’s justifications of the Privacy Sandbox.”

MOW stated that MOW was growing confident in the court’s support of competition regulators’ efforts to prevent Google and other “big tech” from controlling the internet.

It pointed to the Google loss, also yesterday, of its challenge against a separate landmark decision taken by the European Commission in 2017.

This company was found guilty of ‘abusing its dominant position’ in favoring its own price-comparison service over European counterparts. 

Rosewell stated that this should make Google rethink its actions and create an equal playing field. They are our priority.

Google may challenge the case again. However, Google can turn to the European Court of Justice for final ruling. 

Google faces additional antitrust suits in both the US and EU. After MOW’s complaint in 2013, the Competition and Markets Authority (UK) is now closing its investigation and making recommendations on the ‘Privacy Sandbox’.

MailOnline has reached out to a Google spokesperson for comment.