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Privacy in the Digital Age: Google's Groundbreaking Settlement

Abe Leighman • April 1, 2024

How a Landmark Legal Decision Reinforces Online Privacy and User Control

Google consented to eliminate a vast number of data records as part of an agreement to resolve a legal dispute alleging that it covertly monitored the online activities of individuals who believed they were browsing in private.

The details of the agreement were submitted to a federal court in Oakland, California, on Monday, awaiting the approval of U.S. District Judge Yvonne Gonzalez Rogers.

Attorneys representing the plaintiffs estimated the settlement's value to be over $5 billion, potentially reaching up to $7.8 billion. While direct damages will not be awarded to users, they retain the right to pursue individual claims for damages.


The lawsuit, initiated in 2020, includes millions of users who engaged in private browsing via Google since June 1, 2016. The plaintiffs accused Google of using its analytics, cookies, and applications to unlawfully monitor the activities of users who set their Chrome browser to "Incognito" mode or used similar privacy settings in other browsers.


The complaint further highlighted how this surveillance transformed Google into a massive, unregulated repository of information, enabling it to gather data on users' social circles, dietary preferences, interests, shopping patterns, and sensitive or potentially embarrassing online searches.


As part of the settlement, Google committed to revising its disclosures regarding data collection in private browsing sessions, a change that has already commenced. Additionally, users of Incognito mode will have the option to block third-party cookies for a duration of five years.


According to the lawyers for the plaintiffs, these changes will result in Google amassing less data from private browsing sessions, subsequently reducing its revenue from such data.



Google has yet to comment on the matter.


Court documents indicate that Google supports the settlement's final approval but contests the plaintiffs' legal and factual assertions.


Plaintiff attorney David Boies described the settlement as "a historic step towards enforcing transparency and accountability among leading tech firms."


A preliminary agreement was reached in December, averting a trial that was scheduled for February 5, 2024. Specific terms were not disclosed initially. The plaintiffs' attorneys intend to request an unspecified amount in legal fees from Google at a later date.


The lawsuit is filed under the case number Brown et al v Google LLC et al in the U.S. District Court for the Northern District of California, case number 20-03664.


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