Google sued for tracking users in incognito mode, agrees to pay $5 billion settlement

googlehas agreed to settle a lawsuit filed in June 2020 alleging that Google misled users by tracking their Internet activity, and that these users thought their Internet use while using the "incognito" or "private" mode of their web browsers remained private.

The class action seeks at least $5 billion in damages. The terms of the settlement were not disclosed.

Key Points:

• Google settled the lawsuit without disclosing the terms of the agreement.
• The lawsuit centers around Google's hidden data collection in private browsing mode.
• The settlement highlights the complexity of online privacy and the need for transparency regarding data practices.

Annotation:

• It is important to clarify that private browsing modes only prevent local browsing history from being saved on the device. Websites and third-party trackers can still use various methods to collect user data in these modes.
• Users concerned about online privacy should consider using privacy-focused browsers and extensions, being mindful of website permissions, and regularly clearing browser data.

The plaintiffs claimed that Google violated federal wiretapping laws by using Google Analytics to track users' activities and collect information about them while they were in privacy mode.

This, they say, allows the company to collect an "irresponsible pool of information" from users who believe they have taken adequate steps to protect their online privacy.

Google then tried to get the lawsuit dismissed, pointing out that when users open Chrome'sstealth modeWhen it does, it displays a message informing the user that their activity may still be visible to the website you are visiting, your employer or school, or their Internet Service Provider.

It is worth noting here that enabling incognito or private mode in a web browser simply gives the user the option to search the Internet without saving their activity locally in the browser.

Nonetheless, sites that use ad tech and analytics APIs can continue to track users during cloaked sessions and further correlate user activity by, for example, matching a user's IP address.

"Google's motion hinges on plaintiffs' consent to Google's collection of their data while they are browsing in privacy mode," U.S. District Judge Yvonne Gonzalez Rogers ruled.

"Because Google never explicitly told the user that it would do so, the court could not find as a matter of law that the user explicitly consented to Google's collection of the relevant data."