The Morning Call

Google to purge billions of personal files in privacy case

- By Michael Liedtke

SAN FRANCISCO — Google has agreed to purge billions of records containing personal informatio­n collected from more than 136 million people in the U.S. surfing the internet through its Chrome web browser.

The massive houseclean­ing comes as part of a settlement in a lawsuit accusing the search giant of illegal surveillan­ce.

The details of the deal emerged in a court filing Monday, more than three months after Google and the attorneys handling the class-action case disclosed they had resolved a June 2020 lawsuit targeting Chrome’s privacy controls.

Among other allegation­s, the lawsuit accused Google of tracking Chrome users’ internet activity even when they had switched the browser to the “Incognito” setting that is supposed to shield them from being shadowed by the Mountain View, California, company.

Google vigorously fought the lawsuit until U.S. District Judge Yvonne Gonzalez Rogers rejected a request to dismiss the case last August, setting up a potential trial. The settlement was negotiated during the next four months, culminatin­g in Monday’s disclosure of the terms, which Rogers still must approve during a hearing scheduled for July 30 in Oakland, California, federal court.

The settlement requires Google to expunge billions of personal records stored in its data centers and make more prominent privacy disclosure­s about Chrome’s Incognito option when it is activated.

It also imposes other controls designed to limit Google’s collection of personal informatio­n.

Consumers represente­d in the class-action lawsuit won’t receive any damages or any other payments in the settlement, a point that Google emphasized in a Monday statement.

“We are pleased to settle this lawsuit, which we always believed was meritless,” Google said. The company asserted it is only being required to “delete old personal technical data that was never associated with an individual and was never used for any form of personaliz­ation.”

In court papers, the attorneys representi­ng Chrome users painted a much different picture, depicting the settlement as a major victory for personal privacy in an age of ever-increasing digital surveillan­ce.

The lawyers valued the settlement at $4.75 billion to $7.8 billion, relying on calculatio­ns based primarily on the potential ad sales that the personal informatio­n collected through Chrome could have generated in the past and future without the new restrictio­ns.

The settlement also doesn’t shield Google from more lawsuits revolving around the same issues covered in the class-action case. That means individual consumers can still pursue damages against the company by filing their own civil complaints in state courts around the U.S. Austin Chambers, a lawyer specializi­ng in data privacy issues at the firm Dorsey & Whitney, described the settlement terms in the Chrome case as a “welcome developmen­t” that could affect the way personal informatio­n is collected online in the future.

“This prevents companies from profiting off of that data, and also requires them to undertake complex and costly data deletion efforts,” Chambers said.

Google is still facing legal threats on the regulatory frontier that could have a far bigger impact on its business, depending on the outcomes.

After the U.S. Justice Department outlined its allegation­s that the company is abusing the dominance of its search engine to thwart competitio­n and innovation during a trial last fall, a federal judge is scheduled to hear closing arguments in the case May 1 before issuing a ruling anticipate­d in the autumn.

Google is also facing potential changes to its app store for smartphone­s powered by its Android software that could undercut its revenue from commission­s after a federal jury last year concluded the company was running an illegal monopoly. A hearing examining possible revisions that Google may have to make to its Play Store is scheduled for late May.

 ?? SETH WENIG/AP ?? A now-settled class-action lawsuit accused Google of tracking Chrome users’ internet activity even after they put the browser on its “Incognito” setting.
SETH WENIG/AP A now-settled class-action lawsuit accused Google of tracking Chrome users’ internet activity even after they put the browser on its “Incognito” setting.

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