Google agrees to settle lawsuit over Chrome's incognito mode

Filed in California (USA), the 2020 lawsuit accused Google of continuing to track, collect and identify users' browsing data in real time even when they had opened an Incognito window.

The class action lawsuit accuses Google of violating wiretapping laws, saying websites using Google Analytics or Ad Manager collected information from Incognito mode browsers, including content, device data, and IP addresses. Plaintiffs also accuse Google of taking Chrome users' private browsing activity and linking it to their existing user profiles.

For its part, Google initially dismissed the lawsuit by pointing to a notification that appears when users turn on Chrome's incognito mode, warning users that their activity may still be visible to the websites they visit.

Google agrees to settle to avoid paying billions in class-action lawsuit in 2020

But Judge Yvonne Gonzalez Rogers dismissed Google’s appeal in August, noting that the Chrome browser maker never disclosed to users that data collection continued even when browsing in incognito mode. She said Google’s action was based on the idea that plaintiffs had consented to data collection when they browsed in private mode. Since Google never explicitly told users that it was doing so, the court could not assume users had consented to the data collection.

Google and the plaintiffs have agreed to terms that will result in the lawsuit being dismissed, according to a recent announcement. The agreement will be presented to the court by the end of January and will be subject to final approval by the end of February.

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