Google settles lawsuit by deleting billions of records

The lawsuit alleged that the tech giant tracked the activity of individuals who believed they were privately browsing using its Chrome browser’s incognito mode

Google has agreed to delete billions of records to settle a lawsuit alleging that it secretly tracked the internet activity of individuals who believed they were browsing privately in its Chrome browser’s incognito mode. Users claimed that Google’s analytics, cookies, and apps allowed the Alphabet unit to improperly track individuals who set their Chrome browser to “incognito” mode or other browsers to “private” browsing mode.

They argued that this transformed Google into an “unaccountable trove of information,” allowing it to gather details about their social circle, preferences, interests, shopping behavior, and the “most personal and potentially embarrassing topics” they search for online. The settlement terms were submitted on Monday in the federal court in Oakland, California, and need approval from US District Judge Yvonne Gonzalez Rogers. The class action lawsuit, initiated in 2020, represents millions of Google users who have used private browsing since June 1, 2016.

As part of the settlement, Google will update its disclosures regarding the information it collects during “private” browsing, a process that is already underway. Additionally, it will allow incognito users to block third-party cookies for a period of five years.

The plaintiffs’ lawyers stated, “The result is that Google will collect less data from users’ private browsing sessions, and that Google will make less money from the data.” The lawyers estimated the value of the settlement to be more than $5 billion, possibly as high as $7.8 billion. While users will not receive damages as part of the settlement, they retain the right to individually sue for damages. Google has expressed support for the final approval of the settlement but disagrees with the plaintiffs’ “legal and factual characterizations,” as per court documents.

In 2019, Google’s chief marketing officer, Lorraine Twohill, wrote to CEO Sundar Pichai, stating, “We are limited in how strongly we can market Incognito because it’s not truly private, thus requiring really fuzzy, hedging language that is almost more damaging.”

David Boies, a lawyer for the plaintiffs, described the settlement as “a historic step in requiring honesty and accountability from dominant technology companies.”

A preliminary settlement was reached in December, with a scheduled trial on February 5, 2024. The terms of the settlement were not disclosed at the time. The plaintiffs’ lawyers intend to later seek unspecified legal fees payable by Google.

Google has faced similar lawsuits before. In 2022, the Texas attorney general sued the company, alleging that “incognito mode or ‘private browsing’ is a web browser function that implies to consumers that Google will not track your search history or location activity.”