This time alone, plaintiffs are using Google emails, presentations and employee testimony from over the year to show that Google is well aware of the duplicity, and will even joke about it. Koh wanted clarification “about what exactly Google does,” adding, “I want a declaration from Google on what information they’re collecting on users to the court’s website, and what that’s used for.” District Judge Lucy Koh said she was “disturbed” by Google’s data collection, and reacted badly when a lawyer for Google argued that even the court used Incognito mode. Google has faced a number of lawsuits regarding this feature over the years. Google argues it has consent to track user data, and the lack of privacy in Incognito is “common knowledge”. The suit argues that Google is secretly storing browsing data after misleading users into openly browsing while believing their personal information and browser histories were being kept private. A hearing today will decide whether Google will face billions in damages due to the lack of privacy its so-called Incognito Mode gives browsers.Ī potential class action, in which statutory damages of between US$100-$1,000 per violation may be paid out to tens of millions of Incognito users, hinges on the decision of US District Judge Yvonne Gonzalez Rogers.
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