A California judge ruled on Friday that Google has to face a class action claim that the search giant secretly collects data from users, even when they are using their private “Incognito” mode, Bloomberg reported.
Three users filed a complaint last June claiming that Google has a “widespread data tracking business,” and its tracking persists even if users take steps to protect their private information, such as using incognito mode in Chrome or private browsing on Safari and other browsers. The action seeks at least $ 5 billion.
Google tried to dismiss the case, but U.S. District Judge Lucy Koh wrote in her decision that the company “has not notified users that Google is involved in the alleged data collection while the user is in private browsing mode.”
The company said in a lawsuit that makes it clear to users “that ‘Incognito’ does not mean ‘invisible’ and that user activity during that session may be visible to the websites they visit and any third party advertising or analytical services. visited websites use. “
Google spokesman José Castañeda said in an email to The Verge on Saturday that the company disputes the allegations in the lawsuit “and we will defend ourselves vigorously against them”. He added that Chrome’s incognito mode gives users the option to browse the Internet without saving activity on their browsers or devices. “As we clearly state each time you open a new anonymous tab, websites may be able to collect information about your browsing activity during the session.”
Google said earlier this year that it is eliminating third-party tracking cookies and says it does not plan to replace cookies with something that can be so invasive, although it does affect the company’s advertising business.
March 13 update, 4:39 PM ET: Add statement by Google spokesperson