Newsletter
Google has reached a settlement in a lawsuit filed in 2020 over its controversial practice of tracking user activity during Chrome’s incognito mode. Google has apparently designed incognito to allow users to browse and search the internet without saving the browsing history or information entered in forms.
However, many users believe that incognito mode provides complete anonymity from both their Internet Service Provider (ISP) and the websites they visit. The lawsuit sought damages exceeding $5 billion, arguing that Google’s covert data collection from users in incognito mode violated user privacy on a massive scale.
In August 2023, Judge Yvonne Gonzalez Rogers ruled that the case would proceed, citing concerns about Google’s privacy notice and the incognito mode splash screen. The judge questioned whether these communications created a binding promise from Google not to collect user data during private browsing sessions. Additionally, she expressed reservations about Google logging data from users in incognito mode in the same logs as users without incognito mode enabled. Despite Google’s defense that the Chrome browser clearly notifies users about potential data collection when opening a new incognito tab, the case continued.
The terms of the settlement for Chrome’s tracking inside incognito remain undisclosed
Rather than proceeding to a full trial, Google has chosen to settle the lawsuit. While the terms of the settlement remains unrevealed, the agreement is expected to be presented to the court at the end of January, with approval anticipated in February. Google had previously asserted that it would vigorously defend itself against the claims, emphasizing that the Chrome browser explicitly informs users about the possibility of websites collecting information during incognito sessions.
The lawsuit has drawn attention to the perceived discrepancy between user expectations of Google Chrome‘s incognito mode and Google’s data collection practices. In response to the legal scrutiny, Google briefly tested a redesigned incognito page in 2021 but ultimately retained the original design. The settlement reflects Google’s decision to address the legal challenges rather than prolonging the dispute through a trial.