The lawsuit accused Google of misleading Chrome users about how private Incognito browsing truly is. It claimed the company told customers their info was private — even as it monitored their activity. Google defended its practices by claiming it warned Chrome users that Incognito mode “does not mean ‘invisible’” and that sites could still see their activity.
The suit’s discovery included emails that, in late 2022, revealed publicly some of the company’s concerns about Incognito’s false privacy. In 2019, Google Chief Marketing Officer Lorraine Twohill suggested to CEO Sundar Pichai that “private” was the wrong term for Incognito mode because it risked “exacerbating known misconceptions.
The court didn’t approve a class of plaintiffs for financial damages, so users would have to sue Google as individuals to try to collect compensation. Some didn’t waste any time: A group of 50 people already filed a separate suit in California state court on Thursday over the privacy violations. The lawsuit’s trial was initially scheduled for February. The settlement still needs final approval from Judge Yvonne Gonzalez Rogers of the Northern District of California before it’s official. It’s also questionable how effective the destruction of the improperly collected data will be.
Google will also have to rewrite its privacy disclosures over its data collection practices in Incognito mode. It told
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