Google Chrome’s Incognito Mode is now facing a $5 billion class-action lawsuit which alleges Google Chrome tracking users during private browsing sessions.

The lawsuit alleges Google is in violation of wiretapping and privacy laws for intercepting, tracking, and collecting communications when Chrome’s Incognito mode is in use.

Google has been attempting to get the lawsuit dismissed since it was filed in June 2020. A federal judge ruled the lawsuit must go forward.

In the judge’s ruling, it states Google doesn’t adequately inform users that their data can be collected in Incognito mode.

US District Judge Lucy Koh in San Jose, California, states:

“The court concludes that Google did not notify users that Google engages in the alleged data collection while the user is in private browsing mode.”

The consumers who filed the case are taking issue with Google collecting data using other services while in Incognito mode.

For example, when a user visits a website in Incognito mode, Google Analytics still collects the user’s data.

The consumers who filed the suit say they were under the impression Incognito mode offered all encompassing privacy from data trackers.

Google disputes the claims via a statement provided by company spokesperson Jose Castaneda:

“We strongly dispute these claims and we will defend ourselves vigorously against them. Incognito mode in Chrome gives you the choice to browse the internet without your activity being saved to your browser or device. As we clearly state each time you open a new incognito tab, websites might be able to collect information about your browsing activity during your session.”

Google also notes that the plaintiffs agreed to Chrome’s privacy policy which discloses its data collection practices.

How clear does Google make it that users’ data can still be collected in Incognito mode? Let’s take a look.

Google also notes that the plaintiffs agreed to Chrome’s privacy policy which discloses its data collection practices.

How clear does Google make it that users’ data can still be collected in Incognito mode? Let’s take a look.

Google Chrome Incognito

When a user uses Google Chrome Incognito, Incognito states that “now you can browser privately, and other people who use this device won’t see your activity.”

However, Incognito also states that “your activity might still be visible to the websites you visit, your employer or school, and your Internet service provider.” Overall, there seems to be a lot of grey area in Google Chrome Incognito privacy policy. On one end, Google Chrome says that your browsing history is private but on the other end, your online activities may still be visible or tracked. Confused? Same here.