Google to purge billions of files containing personal data in settlement of Chrome privacy case

SAN FRANCISCO (AP) — 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 about the deal.

“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.

Investors apparently aren't too worried about the settlement terms affecting the digital ad sales that account for the bulk of the more than $300 billion in annual revenue pouring into Google's corporate parent, Alphabet Inc. Shares in Alphabet rose 3% to close Monday at $155.49, giving the company a market value of $1.9 trillion.

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. “In some cases, this could have a dramatic impact on products built around those datasets.”

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.

FILE - The Google building is seen in New York, Feb. 26, 2024. 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 as part of settlement in a lawsuit accusing it of illegal surveillance. (AP Photo/Seth Wenig, File)

SEATTLE (AP) — A federal appeals court panel on Wednesday rejected a long-running lawsuit brought by young Oregon-based climate activists who argued that the U.S. government's role in climate change violated their constitutional rights.

The 9th U.S. Circuit Court of Appeals previously ordered the case dismissed in 2020, saying that the job of determining the nation's climate policies should fall to politicians, not judges. But U.S. District Judge Ann Aiken in Eugene, Oregon, instead allowed the activists to amend their lawsuit and last year ruled the case could go to trial.

Acting on a request from the Biden administration, a three-judge 9th Circuit panel issued an order Wednesday requiring Aiken to dismiss the case, and she did. Julia Olson, an attorney with Our Children's Trust, the nonprofit law firm representing the activists, said they were considering asking the 9th Circuit to rehear the matter with a larger slate of judges.

“I have been pleading for my government to hear our case since I was ten years old, and I am now nearly 19,” one of the activists, Avery McRae, said in a news release issued by the law firm. "A functioning democracy would not make a child beg for their rights to be protected in the courts, just to be ignored nearly a decade later. I am fed up with the continuous attempts to squash this case and silence our voices.”

The case — called Juliana v. United States after one of the plaintiffs, Kelsey Juliana — has been closely watched since it was filed in 2015. The 21 plaintiffs, who were between the ages of 8 and 18 at the time, said they have a constitutional right to a climate that sustains life. The U.S. government’s actions encouraging a fossil fuel economy, despite scientific warnings about global warming, is unconstitutional, they argued.

The lawsuit was challenged repeatedly by the Obama, Trump and Biden administrations, whose lawyers argued the lawsuit sought to direct federal environmental and energy policies through the courts instead of through the political process. At one point in 2018, a trial was halted by U.S. Supreme Court Chief Justice John Roberts just days before it was to begin.

Another climate lawsuit brought by young people was successful: Early this year the Montana Supreme Court upheld a landmark decision requiring regulators to consider the effects of greenhouse gas emissions before issuing permits for fossil fuel development.

That case was also brought by Our Children's Trust, which has filed climate lawsuits in every state on behalf of young plaintiffs since 2010.

FILE - Kelsey Juliana, of Eugene, Ore., a lead plaintiff who is part of a lawsuit by a group of young people who say U.S. energy policies are causing climate change and hurting their future, greets supporters outside a federal courthouse, June 4, 2019, in Portland, Ore. A 9th U.S. Circuit Court of Appeals panel on Wednesday, May 1, 2024, rejected a long-running lawsuit brought by young Oregon-based climate activists who argued that the U.S. government's role in climate change violated their constitutional rights. (AP Photo/Andrew Selsky, File)