In 2020, Google faced a multi-billion dollar lawsuit over accusations that it collected user data while browsing the web in incognito mode. The lawsuit, filed by U.S. residents William Byatt, Chasom Brown and Maria Nguyen, highlights that Google violated wiretap laws by allegedly collecting user data in private mode.
The matter was subsequently submitted to the U.S. Court for the Northern District of California, after which Google repeatedly tried to defend its case to avoid paying $5 billion. For example, in 2021, Google tried to clarify that it informed users that their browsing data may still be seen by any website they visit.
Fast forward to August 2023, and Judge Yvonne Gonzalez Rogers ruled that the lawsuit would continue because the information provided by Google did not make it clear whether data was collected every time a user switched to "incognito" mode.
The document also highlights that although Google shares its privacy policy with users, it does not mention incognito mode.
More specifically, the document states: "Notably, Incognito Mode is not mentioned in this list of services. (Ibid.) Instead, Google deflects in the next paragraph and advises users..." that "the Privacy Policy is silent on any data collection specific to Private Browsing Mode."
Today, ArsTechnica reported that in a filing on Tuesday, December 26, 2023, Google said it had agreed to a settlement.
Official documents mention that the parties involved are currently working to reach a final agreement to resolve legal issues. The parties have 30 days to implement the agreement, after which they will submit it to the court.
The latest filing adds: "To avoid unnecessary waste of judicial resources and to enable the parties to focus on ultimately reaching a settlement, the parties jointly request that the court stay the entire litigation and revoke the trial date. The parties thank the court for its attention to this matter."
According to our expectations, the court’s final judgment will be made around February 2024.
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