Google has agreed to dispose of or anonymize billions of records of web browsing data collected while users were using its private browsing mode, “Incognito mode,” according to a settlement proposal filed on Monday.
The proposed settlement in the case of Brown v. Google will also require the company to provide more transparency regarding its data collection practices in Incognito mode and impose restrictions on future data collection. If approved by a federal judge in California, the settlement could affect 136 million Google users. The lawsuit, filed in 2020, was brought by Google account holders who alleged that the company unlawfully tracked their activities through the private browsing feature.
According to the court filing on Monday, the proposed settlement is valued at $5 billion. This valuation is based on the assessment of the data stored by Google that would need to be destroyed and the data that would be prohibited from collection. Google is required to address data collected in private browsing mode up until December 2023. Any data that is not outright deleted must be anonymized.
The plaintiffs stated in the proposed settlement filing that this agreement ensures genuine accountability and transparency from the largest data collector globally, marking a significant stride towards enhancing and safeguarding our right to privacy on the internet.
In response, Google spokesperson José Castañeda expressed satisfaction with settling the lawsuit, which the company consistently viewed as lacking merit. Despite the plaintiffs initially valuing the proposed settlement at $5 billion, the company clarified that they will not receive any monetary compensation. The settlement does not include damages for the class, although individuals have the option to file claims.
Castañeda reiterated that Google never links data with individual users when they use Incognito mode and emphasized their willingness to delete outdated technical data that was never associated with individuals or used for personalization.
As part of the agreement, Google has initiated changes to its disclosure practices regarding the limitations of its private browsing services, a process that has already commenced on Chrome. Additionally, Google has committed to allowing users to block third-party cookies by default in Incognito mode for five years to prevent tracking by Google on external websites during private browsing sessions.
According to the settlement terms, individuals retain the option to pursue damages by filing claims in California state court. Currently, there have been 50 claims filed.
