Google has agreed to delete millions of records of users' browsing activities as part of a settlement in a class-action lawsuit. The lawsuit, filed in 2020, accused the Alphabet Inc. unit of secretly tracking people without their consent while they used the Chrome web browser in "incognito" mode.
What is Incognito mode?
Initially, the incognito mode was designed to be private, as in, when you activate incognito mode in the browser, your browsing history is not recorded and the websites visited remain private. However, some browsers also retained a temporary history while in incognito mode, which was automatically deleted upon closing the incognito window. Incognito mode typically also does not store third-party cookies, which are small files used to track user activity for targeted advertising. These cookies were generated by the sites you visited rather than by the browser itself.
Is Incognito mode really private?
According to McAfee, incognito mode is not entirely private. Even though your browsing history is not visible to anyone using your device, it can still be accessed by external parties such as:
- Internet service providers (ISPs): Your ISP can see every website you visit. If compelled by law enforcement, they may be required to disclose this data.
- Websites: Your ISP shares your IP address with the websites you visit. Sites like Twitter can also share your data with others. The IP address can reveal your general location. This can be prevented by using a virtual private network (VPN).
- School or company networks: If you are browsing on a network managed by your school or employer, they can see your browsing history, even in Incognito mode.
Although the mode is designed to allow users to browse the web without their activities being recorded, the aforementioned lawsuit alleged that Google's other tools, particularly those related to advertising technology, continued to collect user data. This meant that despite selecting the incognito mode, the users' browsing activities were still being tracked without their knowledge or consent.
The lawsuit
Users who have the option to individually sue Google have alleged that "Google's analytics, cookies and apps let the Alphabet unit improperly track people who set Google's Chrome browser to 'Incognito' mode and other browsers to 'private' browsing mode", as per a Reuters report.
Internal Google emails presented as evidence in the lawsuit also showed that users in incognito mode were being tracked by Google for purposes such as measuring web traffic and selling advertisements. The lawsuit, filed in a California court, alleged that Google's practices infringed upon users' privacy by misleading them with the incognito option. "Google has made itself an unaccountable trove of information so detailed and expansive that George Orwell could never have dreamed it," the complaint stated.
As part of the settlement, Google is required to block third-party tracking "cookies" by default in incognito mode for the next five years.