Google now has no choice but to handle a lawsuit over Incognito tracking. How Bloomberg reports, Judge Lucy Koh denied Google’s request to close the class action case. Koh determined that Google “did not notify” users that it was still collecting data while Incognito’s privacy mode was active, giving plaintiffs enough ground to pursue the case.
The main participants in the process accused Google of deceiving users by telling them that their information was private, although it monitored their habits. The search giant argued that users agreed with its privacy policy and therefore knew that Google was collecting data. He reportedly warned that Incognito “does not mean ‘invisible'” and that the sites could still see activity.
We asked Google for a comment.
It is not clear whether the process will be successful or not, let alone whether there will be significant changes or compensation. Successful collective actions often lead to payments that represent a fraction of the damage to customers. The limitations of incognito mode are well known among enthusiasts – it really exists to keep sites out of your local search history and cookies, not to block all potential identifying traffic.
It is not clear whether the general public is aware of Incognito’s true behavior. The process can force Google to tell users more explicitly what it collects and what it does not. The complaint also serves as a criticism of companies that bury important information in their terms of service. Few people read these agreements from start to finish and this can cause problems when privacy is at stake.