Google has reached a settlement in a privacy lawsuit that accused the tech giant of invading users’ privacy by tracking their online activities, even when they were using the Chrome browser’s private incognito mode. The lawsuit, filed by five plaintiffs as a class action suit, sought $5 billion in damages and alleged that Google misled users into thinking their activities were not being tracked when using incognito mode.
Google has always disputed these claims, arguing that its Incognito splash screen and terms and conditions made it clear that there were limits to privacy settings and that users were aware of this. However, the company has agreed to settle with the plaintiffs, although it strongly disagrees with their “legal and factual characterizations.”
Under the proposed settlement terms, Google will delete or remediate billions of data records that reflect users’ private browsing activities. This data deletion will apply to users outside the United States as well. In addition, Google will update its disclosures about what it collects during private browsing. This process began in January, shortly after the two parties announced their plans to settle the case. Google has clarified in its disclosures that it still tracks user data even when users choose to search privately or use the Incognito setting.
In response to the lawsuit, Google had already implemented a trial feature that automatically blocks third-party cookies for Incognito users. This block will remain in place for five years under the terms of the settlement. The plaintiffs’ lawyers have stated that this will result in Google collecting less data from users’ private browsing sessions and making less money from the data.
While Google supports the final approval of the settlement, it maintains that the lawsuit was meritless and will not be paying any financial damages. The settlement deal is still pending court approval, with a trial date originally set for February 5, 2024. However, the two parties have requested to put the trial date on hold and stay the litigation entirely to focus on finalizing the settlement.
Google’s attempt to have the case dismissed was rejected by U.S. District Judge Yvonne Gonzalez Rogers last year. She disagreed with Google’s argument that users had consented to the company collecting information on their browsing activity while using Incognito mode.
In conclusion, Google has agreed to settle a privacy lawsuit that accused the company of tracking users’ online activities even when they were using the private incognito mode. The proposed settlement includes deleting or remediating billions of data records reflecting users’ private browsing activities and updating disclosures about data collection during private browsing. While Google supports the settlement, it disputes the plaintiffs’ characterizations and will not be paying any financial damages. The settlement is pending court approval, with the trial date currently on hold as the parties focus on finalizing the agreement.
