Google has settled a lawsuit after the tech giant was accused of tracking users who thought they were browsing the internet privately.

This settlement, which is still awaiting court approval, is a significant development that will require Google to delete billions of data records associated with individuals using Chrome’s incognito mode.

It is a crucial step towards promoting transparency and accountability in how technology companies handle user data.

Lawyer David Boies of Boies Schiller Flexner LLP, who represented users in the fight, called the deal an “historic step in requiring honesty and accountability from dominant technology companies”.

Details of the privacy lawsuit

The lawsuit, filed back in 2020, initially sought damages exceeding $5 billion (Ksh 657,500,000,000) but does not include any monetary compensation for the plaintiffs.

However, individual users retain the option to pursue damages separately for any harm caused by covert data tracking.

“We are happy to delete old technical data that was never associated with an individual and was never used for any form of personalization.”

Google employees raised concerns about incognito

The lawsuit against Google revealed that the company stored both standard and incognito browsing histories of users within the same profile. This data was then utilized to tailor personalized ads that Google displayed to users.

“Even when users are browsing the internet in ‘private browsing mode,’ Google continues to track them,” said the suit. “Google’s tracking occurred and continues to occur no matter how sensitive or personal users’ online activities are.”

Lawyers representing the consumers who took legal action against Google referenced internal emails from the company, where employees expressed concerns to management about the inadequacy of incognito mode in protecting user privacy.

An engineer at Google suggested discontinuing the use of the term “incognito” and a Spy Guy icon, stating, “We need to stop calling it incognito and stop using a Spy Guy icon.”

Internal email to Google CEO

Another Google employee recommended changing the incognito splash page to convey the message: “You are NOT protected from Google.”

The lawsuit also mentioned an email from Google’s marketing chief, Lorraine Twohill, to CEO Sundar Pichai, indicating that the company may have been misleading the public about the browsing tool.

Twohill expressed limitations in marketing incognito mode strongly due to its lack of true privacy, necessitating vague language that could potentially be more damaging.

“We are limited in how strongly we can market incognito because it’s not truly private, thus requiring really fuzzy, hedging language that is almost more damaging,” Twohill wrote Pichai in 2019.

Details of the settlement terms

As part of the settlement agreement, Google is obligated to update its disclosures to inform users about the potential tracking of browsing activity during incognito mode.

Additionally, Google will default to blocking third-party tracking cookies in incognito mode for the next five years, aiming to enhance user privacy and reduce data collection during private browsing sessions.

Furthermore, Google will revamp the disclaimer on the incognito mode launch page to clarify that data may still be collected despite using this browsing option.

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The company will also undertake the deletion of previously collected private browsing data and implement ongoing changes to incognito mode to strengthen user privacy by limiting data collection during private browsing sessions.

Moreover, the settlement includes provisions to prevent Google from tracking users’ decision to browse privately and to delete and rectify any improperly collected data from the past.

These measures underscore Google’s commitment to improving user privacy and data protection practices.

It highlights the growing importance of holding tech companies accountable for their data practices and emphasizes the need to prioritize user privacy in the digital age.