Google will have to delete billions of data records on users’ private browsing activities as part of a settlement resolving a major privacy lawsuit, according to court filings revealed on April 1.
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The proposed settlement requires Google to make sweeping changes like blocking third-party cookie tracking on Chrome browser’s incognito mode. Here’s everything you need to know about the lawsuit.
Why was Google sued?
In June 2020, Google was hit with a proposed class-action lawsuit accusing the tech giant of illegally invading the privacy of millions of users. The crux of the complaint was that Google was pervasively tracking people’s internet use and browsing habits, even when they used “private” browsing modes like Incognito in Chrome.
The lawsuit alleged that Google was secretly collecting data about what sites users visited, where they browsed, and highly personal information like their friends, hobbies, shopping habits, and searches – all while users thought they were browsing anonymously.
The plaintiffs argued that Google could not “continue to engage in the covert and unauthorised data collection from virtually every American” and sought at least $5 billion in damages for violations of federal wiretapping and California privacy laws.
What has Google maintained throughout the lawsuit?
Throughout the legal battle, Google maintained that it never associated any data with individual users in Incognito mode or used it for personalised ads or recommendations.
For instance, following the latest development, the Google spokesperson told CNN that the lawsuit was “meritless” and that the company was “happy to delete old technical data that was never associated with an individual and was never used for any form of personalisation.”
The company also pointed out that while the plaintiffs originally wanted $5 billion in damages, under the settlement they are “receiving zero” in payouts.
What are some of the notable changes brought about by the lawsuit?
Earlier this year, Google quietly updated the disclosures that show upon opening a new incognito tab on Chrome about the data collected during private browsing sessions. Chrome now says users can “browse more privately” rather than claiming to allow “private browsing.”
Meanwhile, as part of the new settlement, Google will have to delete billions of data records reflecting the private browsing activities of users covered by the class action lawsuit. In addition, the company will have to block third-party tracking cookies by default in Incognito mode, preventing advertisers from monitoring private browsing sessions.
What’s the latest development and what happens next?
In the latest development from April 2024, court filings revealed additional details on the settlement terms. While Google must delete a vast trove of past private browsing data, the agreement does not include any direct payouts to affected users.
The April 2024 filings state that “users will not receive damages as part of this settlement, but may still sue for damages individually.”
A hearing is expected on July 30 before Judge Yvonne Gonzalez Rogers to negotiate the settlement. If approved, it would mark a substantial privacy change for Google and put significantly tighter lids on advertising data collection during private browsing sessions.
What about cookies?
A key aspect of the settlement requires Google to make changes around third-party cookies for the next five years in Incognito mode. Cookies are small tracking files used by advertisers to monitor web activity and target ads.
Going forward, Google must block third-party tracking cookies by default in Incognito mode. This applies to all types of third-party cookies placed by sites other than the one the user is visiting directly.
The cookie crackdown is part of wider moves to phase out third-party cookies over privacy concerns. Google had previously announced plans to eliminate them from Chrome within two years, but delayed the start several times.
