Google has agreed to settle a lawsuit by destroying billions of data records, resolving claims that it clandestinely tracked the internet activity of individuals who believed they were browsing privately. Terms of the settlement were submitted on Monday in the Oakland, California federal court and await approval by U.S. District Judge Yvonne Gonzalez Rogers.
Lawyers representing the plaintiffs estimated the settlement’s value to be over $5 billion, potentially reaching up to $7.8 billion. Despite this substantial sum, Google will not be paying any damages as part of the settlement. However, individual users retain the right to sue the company for damages.
The class action lawsuit, initiated in 2020, encompassed millions of Google users who utilized private browsing since June 1, 2016. Allegations were made against Google’s analytics, cookies, and apps, asserting that they enabled the Alphabet unit to improperly track individuals who employed Google Chrome’s “Incognito” mode or other browsers’ “private” browsing settings.
According to the plaintiffs, this surreptitious tracking transformed Google into an “unaccountable trove of information,” allowing the company to glean insights into users’ social circles, preferences, hobbies, shopping behaviors, and even their most intimate and potentially embarrassing online searches.
Under the terms of the settlement, Google has committed to enhancing disclosures regarding its data collection practices during “private” browsing sessions, a process it has already initiated. Additionally, Google will permit Incognito mode users to block third-party cookies for a duration of five years.
In a statement, the plaintiffs’ lawyers noted, “The result is that Google will collect less data from users’ private browsing sessions, and that Google will make less money from the data.”
Google spokesperson Jose Castaneda expressed the company’s satisfaction with the settlement, characterizing the lawsuit as meritless from its inception. Castaneda reiterated Google’s stance, asserting that the company does not associate data with users when they utilize Incognito mode.
David Boies, representing the plaintiffs, hailed the settlement as “a historic step in requiring honesty and accountability from dominant technology companies.” The agreement was reached after a preliminary settlement was reached in December, averting a scheduled trial on February 5, 2024. Terms of the settlement were undisclosed at that time, with the plaintiffs’ lawyers indicating their intent to seek unspecified legal fees from Google in the future.