Google Settles Incognito Mode Lawsuit

Google has agreed to get rid of or make anonymous billions of records of web browsing data collected from its private browsing “Incognito mode.” This move comes as part of a proposed class action settlement filed Monday in the Brown v. Google case.

The proposed deal requires Google to be more transparent about how it gathers information in Incognito mode and to limit future data collection. If a California federal judge gives the nod, this settlement could affect a whopping 136 million Google users. The lawsuit, initiated in 2020, accuses Google of unlawfully tracking users’ activities through this private browsing feature.

The settlement is valued at a hefty $5 billion, as stated in Monday’s court filing. This figure was calculated by assessing the worth of the data Google possesses and would have to discard, plus the data it wouldn’t be able to gather. Google must address data collected in private browsing mode before December 2023. Anything left must be de-identified.

The plaintiffs expressed contentment with the settlement, claiming it brings actual accountability and transparency from the largest data collector globally. They see it as a crucial step toward preserving our right to online privacy.

Google’s spokesperson, José Castañeda, remarked that the company is “pleased to settle this lawsuit, which we always believed was meritless.” Despite the plaintiffs valuing the settlement at $5 billion, Castañeda clarified that they won’t receive any compensation. The settlement doesn’t include damages for the class, although individuals can make claims.

Castañeda emphasized that Google never links data with users in Incognito mode and is willing to erase old technical data that was never tied to individuals or used for personalization.

As part of the deal, Google will alter how it communicates the limitations of its private browsing services, a change already underway on Chrome. Additionally, for five years, Google will enable users to automatically block third-party cookies in Incognito mode, preventing Google from tracking them on external websites during private browsing.

Individuals can still pursue damages in California state court, as per the settlement terms. To date, there have been 50 claims filed.