Google LLC will delete or anonymize millions of data points collected about users to settle a class-action lawsuit filed over Chrome’s Incognito mode.

The plan was detailed in court documents made public today. Word that Google had agreed to settle the lawsuit first emerged in December, but the terms of the agreement weren’t disclosed.

The litigation began four years ago when three Chrome users in California sued the search giant over the browser’s Incognito mode. The feature, the plaintiffs argued, gave consumers the impression it keeps their online activity private. In reality, the websites that a user visits when Incognito mode is enabled can collect data about the browsing session.

The lawsuit placed a particular emphasis on the way Google services gather data when Incognito mode is enabled. According to the plaintiffs, the search giant collected users’ IP addresses as well as information about their devices and the webpages they visited. Additionally, the lawsuit alleged that Google associated this information with data in affected users’ advertising profiles.

The plaintiffs argued that the search giant’s practices affected millions of consumers worldwide. They sought damages of at least $5,000 in damages per user, which could have amounted to as much as $5 billion.

The settlement detailed today waives the potential class-action damages that Google may have been required to pay. However, individuals can still file damages claims and 50 people have reportedly done so already. Additionally, the agreement requires Google to take a number of steps designed to improve Chrome users’ privacy.

First, the company will have to delete or anonymize millions of data points collected about Incognito mode browsing sessions before December 2023. “We never associate data with users when they use Incognito mode,” Google spokesperson José Castañeda told The Verge. “We are happy to delete old technical data that was never associated with an individual and was never used for any form of personalization.”

The settlement also requires Google to take a number  of other privacy-boosting steps that it has already implemented or is in the process of doing so.

Under the agreement, the search giant must more clearly disclose what data is collected about Chrome users when Incognito mode is enabled. Google addressed that requirement in December by adding a new disclosure to the feature’s interface. The text reads “others who use this device won’t see your activity, so you can browse more privately. This won’t change how data is collected by websites you visit and the services they use, including Google.”

The company will also have to let users block third-party cookies by default when Incognito mode is enabled. Google was already in the process of phasing out third-party cookies, which are used by advertisers to collect consumer data, prior to the settlement. It plans to end Chrome’s support for the technology in the third quarter.

The settlement will have to be approved by the U.S. District Court for the Northern District of California before it goes into effect. 

Image: Google