Google’s settlement of a data privacy lawsuit regarding its ‘Incognito’ mode marks a significant development in the ongoing debate over online privacy and data collection. The lawsuit, first filed in 2020, alleged that Google had been secretly collecting data from users who believed they were browsing privately.
The settlement could see Google paying up to $5 billion in damages, or $5,000 per affected user, for violations of federal wiretapping and California privacy laws.
The lawsuit covers millions of Google users who have used private browsing mode since June 1, 2016. These users felt misled, believing that their online activities were safe from tracking and data collection while using Google’s ‘Incognito’ mode. However, it was alleged that Google’s analytics, cookies, and apps allowed the company to improperly track individuals who used ‘Incognito’ mode on the Chrome browser and other browsers set to ‘private’ browsing mode.
As part of the settlement terms, Google has agreed to destroy billions of data records collected through ‘Incognito’ mode. The company will also update its disclosures about what data it collects in ‘private’ browsing and allow ‘Incognito’ users to block third-party tracking cookies by default for the next five years. This move is expected to reduce the amount of data Google collects from users’ private browsing sessions and limit the company’s ability to monetize this data.
The settlement comes after a preliminary agreement reached in December 2023, which averted a scheduled trial in February 2024. Terms of the settlement were not disclosed at the time but have now been filed in a federal court in Oakland, California, and require approval by US District Judge Yvonne Gonzalez Rogers. The settlement could see Google paying out significant sums in damages, although the exact amount will depend on the number of affected users who come forward to claim compensation.
Google has denied any wrongdoing, with a spokesperson stating that the company “never associate[s] data with users when they use Incognito mode.” The settlement marks a significant step in holding technology companies accountable for their privacy practices and could have broader implications for how user data is collected and used online. It also highlights the importance of transparency and consumer trust in the digital age, as users increasingly seek ways to protect their online privacy and data security.
