Google has introduced a new disclaimer regarding user privacy—or lack thereof—to the Chrome browser’s Incognito mode. When users with an experimental version of Chrome open an Incognito window, they’re now greeted with a blurb that clarifies which browsing data won’t be saved and which information Google will still be able to view.
"Others who use this device won’t see your activity, so you can browse more privately,” the disclaimer reads, according to a report by MSPowerUser. “This won’t change how data is collected by websites you visit and the services they use, including Google. Downloads, bookmarks and reading list items will be saved.”
Chrome’s “old” disclaimer—which currently remains visible to most users—is more ambiguous. “Now you can browse privately, and other people who use this device won’t see your activity,” it reads. “However, downloads, bookmarks and reading list items will be saved.”
It’s this very ambiguity that landed Google a $5 billion class action lawsuit back in 2020. Plaintiffs alleged Incognito misled users into believing their web activity was truly private, when in actuality, Incognito allows websites, ISPs, and Google itself to track what users have gotten up to. Lawyers for the plaintiffs argued Google had even violated federal and state wiretapping laws by gathering data from Incognito browsing sessions.
Not surprisingly, Google did everything it could to make the lawsuit go away. The company requested a dismissal of the complaint, claiming it had indeed notified users of Incognito’s confidentiality holes; a federal judge shot down Google’s request and allowed the complaint to move forward. In late 2022, court filings revealed Google employees and executives knew of Incognito’s failings and saw the mode’s “Spy Guy” logo as a liability. The tech giant’s marketing chief even sought to make Incognito “truly private” to avoid confusing users, but their suggestion was ignored.
Now Google is paying the price. The company agreed in December 2023 to dole out a $5 billion settlement in early 2024. Though a judge has until Feb. 24 to approve the settlement, Google is already working to prevent similar complaints by altering its Incognito greeting text. While only those using Canary—Google’s “early-release, experimental version of Chrome” designed for developers—can currently see the new disclaimer, the fact that it’s even on Canary hopefully means it’s coming to mainstream Chrome soon.
