Google updates Chrome incognito terms to clarify privacy limits after $5 billion lawsuit

Google updated the disclosures for its Chrome browser weeks after settling a class-action lawsuit accusing it of lying about not tracking users through incognito mode.

Incognito mode, a setting in Chrome advertised as allowing users to browse privately, was the focus of a $5 billion lawsuit in 2020, in which users alleged that the settings did not afford as much privacy as Google said. After settling the lawsuit last week, Google has clarified the language on its browser to note the limits of incognito mode.

“Others who use this device won’t see your activity, so you can browse more privately. This won’t change how data is collected by websites you visit and the services they use, including Google. Downloads, bookmarks and reading list items will be saved,” the text of the incognito window now states, as spotted by MSPoweruser. (The italicized text was added in the update.)

U.S. District Judge Yvonne Gonzalez Rogers, the judge overseeing the case in California court, rejected Google’s attempt to dismiss the lawsuit in August, claiming that she could not find proof users had consented to have information collected when using tools designed by Google to provide the highest level of privacy.

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The settlement terms of the lawsuit have not been disclosed, although a settlement is expected in early 2024 for a judge’s approval.

Google has faced legal trouble in recent months. The company was found guilty by a jury of holding an illegal monopoly over the Google Play Store and forcing app developers to work through its app providers. It is also awaiting a judge’s decision in its court battle with the Department of Justice over allegations that it established a monopoly through agreements signed with browser developers and phone makers to make Google the default search engine.

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