Filed in California (USA), the lawsuit in 2020 accused Google of continuing to track, collect and identify users' browsing data in real time even when they had opened an Incognito window (Ingonito).
The class action lawsuit accuses Google of violating wiretapping laws, saying that websites using Google Analytics or Ad Manager collected information from Incognito mode browsers, including content, device data, and IP addresses. The plaintiffs also accuse Google of taking Chrome users’ private browsing activity and linking it to their existing user profiles.
For its part, Google initially dismissed the lawsuit by directing a notification to appear when users turn on Chrome's incognito mode, warning users that their activity may still be visible to the websites they're visiting.
Google agrees to settle to avoid paying billions in class-action lawsuit in 2020
But Judge Yvonne Gonzalez Rogers dismissed Google’s appeal in August, noting that the Chrome browser maker had never disclosed to users that the data collection continued even when browsing in incognito mode. She said Google’s case was based on the idea that the plaintiffs had consented to the data collection when they browsed in private mode. Since Google had never explicitly told users that it was doing so, the court could not assume that users had consented to the data collection.
Google and the plaintiffs have agreed to terms that will result in the lawsuit being dismissed, according to a recent announcement. The agreement will be presented to the court by the end of January and is subject to final approval by the end of February.
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