Privacy Victory: Google will trash billions of Incognito Browsing Data to settle lawsuit

Google agreed to destroy billions of documents to resolve a lawsuit alleging that it secretly tracked the internet use of customers who believed they were browsing discreetly in Chrome’s incognito mode.

Users claimed that Google’s analytics, cookies, and apps enabled the Alphabet subsidiary to unlawfully track people who used Google Chrome’s “incognito” mode and other browsers’ “private” browsing mode.

Plaintiffs claimed that Google held an unaccountable wealth of information based on what they searched for online.

They claimed that this transformed Google into an unlimited collection of information by allowing it to learn about their acquaintances, preferred dishes, interests, shopping patterns, and the most intimate and potentially sensitive information they search for online.

The terms of the settlement were filed on Monday in Oakland, California, federal court and must be approved by US District Judge Yvonne Gonzalez Rogers. The class action commenced in 2020 and includes millions of Google customers who have used private browsing since June 1, 2016.

According to the settlement, Google will enhance disclosures about what it gathers during “private” browsing, a process that has already begun. It will also allow incognito users to disable third-party cookies for five years.

“The result is that Google will collect less data from users’ private browsing sessions and that Google will make less money from the data,” according to the lawyers for the plaintiffs.

The plaintiffs’ lawyers estimated that the agreement was worth more than $5 billion, and maybe $7.8 billion. However, users will not receive damages.

As per the court documents, Google is in favor of the settlement receiving the final approval, although they do not agree with the plaintiffs’ “legal and factual characterizations.”

‘We face constraints in promoting Incognito with full force due to its lack of true privacy, necessitating the use of vague language that can be more harmful,” expressed Google’s chief marketing officer, Lorraine Twohill, in a 2019 message to CEO Sundar Pichai.

As per David Boies, the plaintiffs’ attorney, this settlement marks a significant milestone in holding top tech giants accountable for their actions and promoting transparency.

David Boies, a lawyer for the plaintiffs, in a statement called the settlement a historic step in requiring honesty and accountability from dominant technology companies.

A preliminary agreement was reached, promoting a trial scheduled for February 5, 2024. The terms of the settlement were not revealed at that time, with the plaintiffs’ attorneys intending to later request unspecified legal fees to be paid by Google.

Previously, the company has encountered comparable legal challenges. In 2022, the Texas attorney general filed a lawsuit against Google, asserting that the use of “incognito mode” or ‘private browsing’ may mislead consumers into believing that their search history and location data are not being tracked by Google.

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