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A California judge ruled Friday that Google faces a class action lawsuit that the search giant secretly collects data from users even when they use its private “Incognito” mode, Bloomberg reported.
Three users filed a complaint last June, alleging that Google has “ubiquitous data tracking activity”, and its tracking persists even as users take steps to protect their private information, such as using incognito mode in Chrome or private browsing in Safari and other browsers. The lawsuit is aiming for at least $ 5 billion.
Google had sought to have the case dismissed, but U.S. District Judge Lucy Koh wrote in her ruling that the company “failed to notify users that Google was engaging in alleged data collection while the user was in private browsing mode ”.
The company said in a court filing that it made it clear to users that “Incognito” does not mean “invisible,” and that user activity during that session may be visible on websites they visit, as well as third-party analytics or advertising services. websites visited use. “
Google spokesman José Castañeda said in an email to The Verge on Saturday that the company disputes the claims in the lawsuit “and we will vigorously defend ourselves against them.” He added that Chrome’s Incognito Mode gives users the choice to browse the internet without the activity being logged on their browser or devices. “As we make clear whenever you open a new private browsing tab, websites may be able to collect information about your browsing activity during your session.”
Google said earlier this year that it is phasing out third-party tracking cookies and has no plans to replace cookies with something that could be so invasive even though it would affect the company’s advertising activities.
Updated March 13, 4:39 p.m. ET: Adds a statement from Google spokesperson
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