Google has reached a settlement in a lawsuit, agreeing to eliminate billions of records following allegations that it clandestinely tracked the internet activities of users who believed they were browsing privately using its Chrome browser’s incognito mode.
Users claimed that Google’s analytics, cookies, and applications enabled the Alphabet unit to improperly monitor individuals who set Chrome to “incognito” mode or other browsers to “private” browsing, transforming Google into an “unaccountable repository of information.” This allowed Google to gather insights into users’ social circles, preferences, interests, shopping patterns, and even their most private and potentially embarrassing online searches.
The terms of the settlement, filed on Monday in the federal court of Oakland, California, require approval by US District Judge Yvonne Gonzalez Rogers. The class action lawsuit, initiated in 2020, covers millions of Google users who utilized private browsing since June 1, 2016.
As per the settlement, Google will enhance disclosures regarding its data collection practices in “private” browsing, a process already initiated. Additionally, it will enable incognito users to block third-party cookies for a period of five years.
The plaintiffs’ attorneys emphasized that this would lead to Google collecting less data from users’ private browsing sessions, resulting in reduced revenue for the tech giant.
Although users will not receive direct compensation under the settlement, they retain the right to pursue individual damages claims. Google has yet to respond to requests for comment.
Despite supporting the final approval of the settlement, Google disputes some of the plaintiffs’ legal and factual assertions, according to court documents. The company’s chief marketing officer, Lorraine Twohill, expressed concerns about the limitations of marketing Incognito due to its lack of true privacy in an internal email to CEO Sundar Pichai in 2019.
David Boies, representing the plaintiffs, hailed the settlement as “a historic step in requiring honesty and accountability from dominant technology companies.”
A preliminary settlement was reached in December, averting a scheduled trial on February 5, 2024. The specifics of the settlement were undisclosed at that time. The plaintiffs’ attorneys intend to seek unspecified legal fees from Google at a later stage.
This settlement echoes previous legal challenges faced by Google, including a lawsuit by the Texas attorney general in 2022, which alleged that incognito mode or “private browsing” misled consumers regarding Google’s tracking practices.
