In a recent development, Google has reached a preliminary settlement in a US lawsuit where it was accused of invading the privacy of users by tracking their activity even when they were browsing in “private mode”. The lawsuit, seeking at least $5bn from the tech giant, alleged that Google tracked users’ activity despite the use of “Incognito” mode on the Google Chrome browser or “private mode” on other browsers.
The lawsuit, filed by law firm Boies Schiller Flexner in 2020, claimed that Google’s actions had turned it into an “unaccountable trove of information” on user preferences and potentially embarrassing things. Furthermore, it argued that Google was engaging in covert and unauthorized data collection from virtually every American with a computer or phone.
Despite Google’s assertion that it was upfront about the data it collected during private browsing, the US District Judge Yvonne Gonzalez Rogers had rejected Google’s attempt to dismiss the case earlier this year. The judge stated that she could not agree that users had consented to allowing Google to collect information about their browsing activity.
Following the recent development, a scheduled trial for the case in California has been put on hold, and the terms of the settlement have not been disclosed. However, it is expected that lawyers will present a formal settlement for the court’s approval by February 2024.
This is not the first legal challenge that Google has faced in recent times. The tech giant recently agreed to pay $700m to settle a lawsuit brought by a group of US states, in which it was accused of stifling competition to its Play Store on Android devices. Additionally, Google also lost a court battle to Fortnite maker Epic Games, where it was sued for unlawfully making its app store dominant over rivals.
The settlement of the “private mode” tracking lawsuit comes amidst increased scrutiny of technology companies’ practices in the US and beyond. It serves as a reminder of the ongoing debate surrounding data privacy and the responsibilities of tech companies in safeguarding user information.
As the legal proceedings continue, it will be interesting to see the final outcome of this settlement and its implications for Google and its users. This development also highlights the importance of transparency and user consent in the collection of data by technology companies, and further contributes to the broader conversation around privacy rights in the digital age.
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