Abigail Shimniok

Google has agreed to change how incognito mode works. They agreed to retroactively delete or de-identify billions of records about users’ web browsing data collected from users while they were using Google Chrome’s “Incognito mode.” This comes as part of the settlement of a lawsuit, Brown v. Google, which started in 2020.
Brown v. Google was started by Google account holders who accused the company of tracking their behavior illegally through the private browsing mode. The lawsuit states, “Google tracks and collects consumer browsing history and other web activity data no matter what safeguards consumers undertake to protect their data privacy … even when Google users launch a web browser with ‘private browsing mode’ activated … Google nevertheless tracks the users’ browsing data and other identifying information.”
The $5 billion lawsuit has resulted in Google agreeing to delete the data as well as change the way incognito mode works. These changes include the deletion or remediation of collected data, making the disclosures upon opening incognito mode clearer, making the blocking of third-party cookies default in incognito mode, and deleting private browsing detection bits.
The settlement means that Google will not be facing a fine. As well, users of Google Chrome will not be entitled to any payment. However, individuals can file claims for damages at their U.S. state courts if they wish. Around 50 users are believed to have done so already.
Google spokesperson Jose Castaneda said in a statement: “We are pleased to settle this lawsuit, which we always believed was meritless. We never associate data with users when they use incognito mode. We are happy to delete old technical data that was never associated with an individual and was never used for any form of personalization.”