Google has agreed to destroy billions of records of user browsing data claimants say it dishonestly collected from its search engine’s “Incognito” mode.
The lawsuit, filed in 2020, alleged Google misled users by claiming its Incognito browsing was entirely private. The suit had sought $5 billion in damages.
Google reached a preliminary settlement in January 2024 following a failed attempt to dismiss the case in August 2023.
What did Google do? The lawsuit said Google tracked and stored browsing data, even when users were in Incognito mode, which it promoted as a “private mode”. This so-called private browsing feature is supposed to prevent Google from saving search history or internet activity.
Why is this a big deal? The lawsuit argued this practice turned Google into a massive, “unaccountable trove” of user information, potentially containing sensitive or embarrassing data.
The judge presiding over the case, US District Judge Yvonne Gonzalez Rogers, stated that, if true, Google would have broken legally binding promises made to its users in its privacy policy.
The legal battle revealed documents in which Google employees described Incognito as “effectively a lie” and “a confusing mess”, according to the BBC.
What’s the settlement? Google will:
- Destroy incognito browsing data: This will erase billions of records collected from users browsing in private mode. The data deletion will also apply outside of the United States.
- Update privacy policy: Google will clarify the limitations of incognito browsing in its privacy policy.
Plaintiffs’ lawyers see this as a win for user privacy and accountability for tech giants.
What’s next? Individual users can still sue Google for damages. Indeed, Google is still facing lawsuits from individuals over privacy violations, which could lead to financial penalties.
What did Google say?
“We are pleased to settle this lawsuit, which we always believed was meritless,” Google spokesman Jorge Castaneda said in a statement on Monday, noting that the company would not be paying any damages.
“We are happy to delete old technical data that was never associated with an individual and was never used for any form of personalization.”
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This settlement comes amid growing pressure on Big Tech companies, with both US and international regulators taking a closer look at their practices.
In the US, Google’s parent company, Alphabet, is facing two separate antitrust lawsuits from the federal government. This settlement adds to a string of recent legal battles for Google.
In 2022, the company paid nearly $400 million to settle claims that they tracked user location even when those users opted out. Just last December, they agreed to a $700 million settlement over accusations of stifling competition in its Playstore app market for Android devices.
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