Google settles Chrome incognito tracking lawsuit

A lawsuit filed by three US residents against Google is now planned to be settled following accusations that Google was collecting data from users using Incognito mode.

Many Google Chrome users will be familiar with the Incognito mode, which is meant to protect user privacy when in use. However, three users discovered that this may not be the case, and filed a lawsuit against Google alleging that the tech giant violated wiretap laws. Google has now indicated that it intends to settle the class-action lawsuit.

The lawsuit was filed in the Northern District of California by Willian Byatt, Chasom Brown, and Maria Nguyen, allege that sites using Google Analytics or Ad Manager collect information on users such as web page content, device data, and IP address, even if the user has engaged Incognito Mode. This information is gathered in real-time and then associated with pre-existing user profiles.

Google fails to warn users of tracking

Google initially pointed to a warning that informs users that activity might still be visible to some websites when Incognito Mode was activated and used this as part of an attempt to have the lawsuit dismissed. However, Judge Yvonne Gonzalez Rodgers dismissed Google’s claim, stating that Google did not inform users that data could still be collected when using Incognito Mode.

“Google’s motion hinges on the idea that plaintiffs consented to Google collecting their data while they were browsing in private mode,” Rogers said, “Because Google never explicitly told users that it does so, the Court cannot find as a matter of law that users explicitly consented to the at-issue data collection.”

A notice has been filed that indicates Google and the plaintiffs have agreed to the terms of a settlement that will result in the dismissal of the case. This agreement will be presented to the court by the end of January, and the court will issue final approval by the end of February.