With input from Vallari Sanziri
Google has agreed to delete billions of data records collected from users' private browsing history, in a settlement worth more than $5 billion in concessions in a major privacy lawsuit, a filing said on Monday. Court documents have been revealed.cent April. A class action lawsuit filed in June 2020 alleges that Google tracked the browsing data of millions of users even in incognito mode, without users knowing.
Earlier, Google rewrote the incognito mode disclaimer in its developer browser Canary to include more information about how Google or the websites you visit collect your data.
Google's initial statement said it “disputes the allegations and plans to vigorously defend against them” and moved to dismiss the lawsuit. After the court denied the company's motion to dismiss, the plaintiffs moved for documentary discovery, forcing the company to produce more than 900,000 documents totaling more than 5.8 million pages. These documents include confessions from employees characterizing Incognito mode as “factually false,” and the plaintiff data obtained from the company shows that Google keeps users' browsing data secret with unique identifiers. It shows that he was saving it in mode, and he was trying to hide this fact. Google has also been sanctioned multiple times by the presiding judge for discovery misconduct and resisting disclosure of key evidence.
Ultimately, Google and the plaintiffs were able to reach a settlement before litigation began. The details are listed below.
Changes to Google's disclosures: Google notifies users that the company “collects private browsing data, including by explicitly disclosing that fact in its privacy policy and in the incognito splash screen that appears automatically at the beginning of an incognito session.” agreed to rewrite the disclosure in order to According to the settlement order, Google has already begun implementing these changes without waiting for final court approval.
What was the complaint: According to the petitioners, Google employees have wanted disclosure amendments for years but have been repeatedly shut down by Google management. In 2013, employees emphasized the need to “simplify” the secret splash screen and lamented the “wrong conclusions” users had drawn from it.
In 2019, employees suggested redesigning the splash screen to make it clear that the incognito screen does not provide privacy from “Google.” But instead of explicitly disclosing the secrets' limitations, Google said in an email to CEO Sundar Pichai from CMO Lorraine Twohill that it was using “very vague and almost damaging risk-averse language.” ” continued to be used.
Delete and repair private browsing data: Google agreed to demands for accountability and redress for Google's past actions. We agreed to delete and/or repair billions of data records reflecting class members' private browsing activities, including data collected by Google from private browsing sessions during the school day.
Data deletion and remediation obligations apply to “data older than nine months,” and these obligations become effective upon approval of the settlement or within 275 days after Google makes the required disclosure changes, whichever is later. To do.
The data remediation process requires Google to remove information that identifies your private browsing data. Google mitigates this data by partially redacting IP addresses and generalizing user agent strings. This resolves his one of Plaintiff's re-identification theories supported by Plaintiff's technical experts.
Limitations on future data collection: According to the settlement, Google will maintain changes to Incognito mode for the next five years, allowing Incognito users to block third-party cookies by default. This change is significant given that Google uses third-party cookies to track users in incognito mode on non-Google websites, according to court documents. This requirement will further ensure secret user privacy and limit the amount of data Google collects from secret users going forward.
Removal of private browsing detection bit: Google must remove the private browsing detection bit that the plaintiffs revealed, but Google has been sanctioned (twice) for concealing it. As a result, Google no longer tracks users' private browsing choices.
No release of monetary claims: Pursuant to the court's certification order, the plaintiffs asserted that class members retain the right to sue Google individually for damages. This option is important given the high statutory damages available under federal and state wiretap laws. These damages claims remain available to all Class Participants, and a significant number of Class Participants have recently asserted and filed these damages claims individually in their individual capacities in California state courts. has been filed and the lawsuit continues to be filed.
The plaintiffs valued the total amount of relief and settlement awarded at $5 billion.
The settlement is important in requiring leading technology companies to be honest with users about how they collect and use user data and how they can delete and remediate collected data. It's a step. Plaintiffs secured a landmark settlement with significant benefits for all class participants.
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