Google to erase private browsing data
The company will also block third-party cookies for five years
Google agrees to delete 'billions of data points' collected from Incognito
Google has reached a settlement in a class action lawsuit, agreeing to delete user data collected from Incognito Mode browsing sessions. The lawsuit alleged that Google misled users about the level of privacy provided by its services.
Chrome's Incognito Mode has long been regarded as a private browsing option, yet revelations over time have shown that it falls short of users' expectations of privacy.
The plaintiffs, represented by Chasom Brown, William Byatt, and Maria Nguyen, accused Google of tracking browsing activity in Incognito Mode without adequately informing users. The legal challenge also encompassed Google's data collection practices from other browsers' private modes.
"Despite its representations that users are in control of what information Google will track and collect, Google's various tracking tools, including Google Analytics and Google Ad Manager, are actually designed to automatically track users when they visit webpages – no matter what settings a user chooses," the complaint alleged.
"This is true even when a user browses in 'private browsing mode.'"
During the discovery phase, which lasted from September 2020 to March 2022, Google produced over 5.8 million pages of documents. However, Magistrate Judge Susan van Keulen imposed a sanction of almost $1 million in 2022 upon Google for withholding information regarding its ability to detect Incognito mode usage by Chrome users.
In an email disclosed during the discovery process, Google's chief marketing officer called for "meaningful change" in the company's privacy practices.
Under the terms of the settlement [PDF], Google has committed to deleting "billions of data points" collected from Incognito Mode browsing sessions, despite having previously claimed that such action was impossible.
The company will also block third-party cookies in Incognito mode for five years and remove browser signals indicating active private browsing to prevent future tracking. Additionally, Google must hadd features which enhance user awareness of data collection practices. This includes using its Privacy Policy and implementing a splash screen in Incognito Mode to inform users about data collection activities.
The proposed settlement is expected to avert potentially significant damages payouts for the company.
"This Settlement ensures real accountability and transparency from the world's largest data collector and marks an important step toward improving and upholding our right to privacy on the Internet," the plaintiffs wrote in the proposed settlement filing.
Google spokesperson Jose Castaneda expressed the company's satisfaction with the settlement, stating that they always believed the lawsuit was without merit. Castaneda highlighted that the plaintiffs originally sought $5 billion but will receive no monetary compensation. He said Google does not associate data with individual users in Incognito mode and is willing to delete technical data that was never linked to personalisation.
Although the proposed settlement does not include damages for the class, it does not stop individual claims against Google for damages.
Already, 50 such claims have been filed in California state court, underscoring the significance of this legal action in addressing concerns surrounding online privacy and data protection.