Contrary to popular belief, Chrome's Incognito mode isn't as incognito as you may think. Websites you visit may still be able to tell it's you based on parameters like your IP address and other invisible but identifiable fingerprints. Google itself may also collect data on you via Google Analytics or other ad-related networks. That's why a lawsuit was filed against the company in 2020, which is now ending in a settlement.
The 2020 lawsuit alleged that Google was violating wiretap laws and sought a total payment of $5 billion to all affected users in the US since 2016. It was filed by three US citizens based in Florida and California. In the suit, the plaintiffs alleged that Google was still collecting personal data and associating it with their user profiles despite them using Incognito mode. The lawsuit also extends to other browsers' private modes, which Google can allegedly similarly bypass with its analytics.
Following an announcement from Google's and the plaintiffs' lawyers, a trial scheduled for February 2024 was put on hold, as reported by Ars Technica. Instead, the two parties are supposed to present the terms they agreed on by the end of February. Right now, it's not clear what they agreed on, but there is a possibility that Google won't have to make too many changes to the way Incognito and its tracking tools work. After all, it's likely that the company chose the lesser evil for its business by opting for a settlement rather than going through court.
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