Google Settles $5 Billion Lawsuit Over Alleged Privacy Invasion in ‘Private Mode’ Tracking

In a significant legal development, Google has reached a preliminary settlement in a class-action lawsuit, agreeing to pay at least $5 billion (£3.9 billion) over allegations that it invaded the privacy of users by tracking them even when in “private mode.” The lawsuit targeted the world’s prominent search engine and its parent company, Alphabet, accusing them of unauthorized data collection and violating user privacy.

US District Judge Yvonne Gonzalez Rogers in California put the scheduled trial on hold after lawyers informed the court about the preliminary settlement. Earlier this year, Judge Rogers rejected Google’s attempt to dismiss the case, stating that users did not consent to the extensive data collection on their browsing activity.

The lawsuit, filed by law firm Boies Schiller Flexner in 2020, contended that Google tracked users’ activity even when they activated “Incognito” mode on the Google Chrome browser or used other browsers in “private mode.” The legal action claimed that Google had transformed itself into an “unaccountable trove of information” on user preferences, potentially including sensitive details.

While the terms of the settlement remain undisclosed, a formal agreement is expected to be presented to the court for approval by February 2024.

Google defended its data collection practices, asserting that it had been transparent about the information it gathered, even during private browsing. The search engine argued that collecting search history, even in private mode, allowed site owners to assess the performance of their content, products, and marketing strategies.

Incognito mode, featured in Google’s Chrome browser, offers users the option to browse the internet without saving their activity to the browser or device. However, it does not prevent websites from using tools like Google Analytics to track usage.

This settlement adds to Google’s legal challenges, as the tech giant faces other lawsuits related to its search and digital advertising practices. Earlier this month, Google agreed to pay $700 million to settle a lawsuit brought by US states, accusing the company of anti-competitive practices in its Play Store on Android devices. Additionally, Google recently lost a court battle to Epic Games, the maker of Fortnite, which sued the tech giant in 2020 for allegedly dominating its app store over competitors unlawfully.