Your 'Secret Search History' Isn't So Secret: $5B Settlement Couldn't Buy Google Incognito Mode's Disguise

The incognito mode in Google GOOGL Chrome has been revealed to be not as private as users might have thought. Despite Google’s assurances, the tech giant has been tracking user activity in incognito mode all along.

What Happened: A recent report by Android Central reveals that Google has been tracking user activity in incognito mode, despite previous assurances to the contrary. This revelation comes after a 2020 class-action lawsuit was filed against Google for misleading users about the privacy of their internet activities in incognito mode. The lawsuit alleged that Google’s actions violated federal wiretapping laws.

Despite Google’s efforts to dismiss the case, the legal battle persisted. Ultimately, Google agreed to a $5 billion settlement in 2023. However, the company did not admit to any wrongdoing as part of the settlement.

Now, Google has updated the disclaimer on the new tab page for incognito mode windows to make it clear that it still tracks user activity in incognito mode.

“Others who use this device won’t see your activity, so you can browse more privately,” the new disclaimer reads.

“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.”

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Responding to an email sent by Benzinga, a Google spokesperson said, “We're pleased to resolve this case, which we've long disputed, and will provide even more information to users about Incognito Mode. Incognito mode in Chrome will continue to give people the choice to browse the internet without their activity being saved to their browser or device."

This change in the disclaimer, which is present in version 122 of Chrome Canary on Windows and Android, provides a stark contrast to the original notice, which read: “Now you can browse privately, and other people who use this device won’t see your activity. However, downloads, bookmarks, and reading list items will be saved.”

Why It Matters: The recent revelation about Google’s tracking of user activity in incognito mode raises significant privacy concerns. This development comes after Google agreed to a $5 billion settlement in 2023 to resolve the 2020 class-action lawsuit, which accused the tech giant of deceiving users about the privacy of their internet activities in incognito mode. Despite this settlement, Google has continued to track user activity in incognito mode, a fact that is now being made explicit through the updated disclaimer.

Image by Sam Kresslein via Shutterstock

Editor's note: This story has been updated with a comment from a Google Spokesperson

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