Google to delete browsing records to settle ‘Incognito Mode’ lawsuit

• Google plans to destroy user data to settle $5 billion privacy lawsuit related to “Incognito” mode.
• A 2020 lawsuit accused Google of collecting data on users without their knowledge.
• Google will also disable third-party trackers by default and notify users when their data is being collected.

Google will destroy user browsing data to settle a $5 billion privacy lawsuit over its “incognito” browsing, according to a federal court filing.

A 2020 class action lawsuit accused the search engine of collecting data on millions of users without their knowledge while they were using Incognito mode. The lawsuit alleges that Google was secretly collecting data from users when it thought their browsing was private.

The settlement was first announced last December, but specific details of the settlement were revealed in a new court filing on Monday.

Now, Google has agreed to delete billions of data records that are older than nine months, the filing says.

As part of the settlement, Google also agreed to notify users that it is collecting data in incognito mode and to ensure that third-party trackers are turned off by default when using the feature. Previously, Google used third-party cookies to collect user data even when the user was visiting a site other than Google’s.

Google spokesperson Jose Castañeda said in a statement to Business Insider: “We are pleased to have settled this lawsuit, which we have long believed to be without merit.” “Plaintiffs originally wanted $5 billion, but they received zero. If you use Incognito mode, we will never associate your data with you. It is not associated with an individual. We are happy to remove old technical data that is not used for any form of personalization.”

Google has known for years that its incognito marketing and branding was potentially misleading, the lawsuit alleges.

For example, in 2013, employees asked the company to simplify its Incognito mode landing page, arguing that it could lead users to “erroneous conclusions” about the privateness of their browsing, according to a court filing. is stated.

And in 2019, Google’s chief marketing officer Lorraine Toohill warned CEO Sundar Pichai in an email that Incognito mode used “very vague and risk-averse language,” but still nothing was done. No changes have been made, the filing states.

The settlement also allows users to sue the company individually, and 50 plaintiffs have already filed suit in California state court seeking monetary damages.

Lawyers for the plaintiffs said in a filing that the settlement is “groundbreaking” and “unprecedented” in scope and scale.

“This settlement is a historic step in demanding honesty and accountability from dominant technology companies,” consumer attorney David Boies told The Wall Street Journal.

Details of the settlement were first reported by the Wall Street Journal.

Representatives for the plaintiffs did not immediately respond to BI’s request for comment.