Google is updating Chrome's Incognito mode warning to explicitly acknowledge that both Google and external websites have the capability to gather user data, even when the browser is in its semi-private mode.

This modification is part of Google's response to an ongoing class-action lawsuit accusing the company of privacy breaches linked to Chrome's Incognito mode. The revised warning, now present in Chrome Canary, aims to address concerns raised in the lawsuit regarding the previous lack of clarity about Google's data collection practices in Incognito mode.

While knowledgeable users understand that private modes in web browsers don't fully prevent tracking by websites or ISPs, this information may not be clear to everyone. The enhanced warning in Chrome Canary aims to educate users by stating, "You've gone Incognito. Others who use this device won't see your activity, so you can browse more privately. This won't change how data is collected by websites you visit and the services they use, including Google." The wording suggests that data collection extends to both Google-owned sites and third-party websites, including those relying on Google ad services.

As of Tuesday, this updated warning has not been incorporated into the developer, beta, or stable versions of Chrome, and it is also absent from Chromium.

Enhancements to Chrome's Incognito Mode Warning Signal Privacy Changes

The stable version of Chrome now features an updated Incognito mode message, stating, "You've gone Incognito. Now you can browse privately, and other people who use this device won't see your activity." Notable alterations in the Canary version include replacing "browse privately" with "browse more privately."

Both the stable and Canary warnings caution that browsing activity may still be visible to "websites you visit," "your employer or school," or "your Internet service provider. However, only the Canary warning explicitly mentions that Incognito mode "won't change how data is collected by websites you visit and the services they use, including Google."

While both old and new warnings highlight that Incognito mode prevents Chrome from saving browsing history, cookies, and site data, as well as information entered in forms, they note that "downloads, bookmarks, and reading list items will be saved." Both warnings link to a page offering additional details on Incognito mode.

Inquiries to Google about the timing of the warning's integration into Chrome's stable channel and its connection to the pending privacy class-action suit settlement were met with a general statement: "We're pleased to resolve this case, which we've long disputed, and provide even more information to users about Incognito mode. Incognito mode in Chrome will continue to give people the choice to browse the Internet without their activity being saved to their browser or device."

Legal proceedings in the US District Court for the Northern District of California, initiated in June 2020, revealed a settlement agreement between Google and plaintiffs on December 26, 2023. The parties intended to submit the settlement for court approval within 60 days, replacing the previously scheduled jury trial set for February 5.

Legal Allegations Against Google Expand in Fourth Amended Complaint

In March 2023, a fourth amended complaint was filed, expanding the scope of allegations against Google to include violations of federal wiretap law, California's Invasion of Privacy Act, California's Comprehensive Computer Data Access and Fraud Act, and California's Unfair Competition Law. The complaint also included charges of invasion of privacy, intrusion upon seclusion, and breach of contract.

The lawsuit asserted that Google's Privacy Policy, Privacy 'Controls,' and 'Incognito Screen' falsely claim that users can prevent Google's data collection by utilizing 'Private Browsing Mode.' In describing the assurances made by the current Incognito screen, the plaintiffs stated.