London Daily

Focus on the big picture.
Tuesday, Jun 23, 2026

Judge In Google Case Disturbed That Even "Incognito" Users Are Tracked

Judge In Google Case Disturbed That Even "Incognito" Users Are Tracked

The Alphabet Inc. unit says activating the stealth mode in Chrome, or "private browsing" in other browsers, means the company won't "remember your activity."

When Google users browse in "Incognito" mode, just how hidden is their activity?

The Alphabet Inc. unit says activating the stealth mode in Chrome, or "private browsing" in other browsers, means the company won't "remember your activity." But a judge with a history of taking Silicon Valley giants to task about their data collection raised doubts Thursday about whether Google is being as forthright as it needs to be about the personal information it's collecting from users.

At a hearing Thursday in San Jose, California, US District Judge Lucy Koh said she's "disturbed" by Google's data collection practices as described in a class-action lawsuit that says the company's private browsing promises is a "ruse." The suit seeks $5,000 in damages for each of the millions of people whose privacy has been compromised since June of 2016.

Weighing Google's attempt to get the suit dismissed, Koh said she finds it "unusual" that the company would make the "extra effort" of data collection if it doesn't use the information to build user profiles or targeted advertising.

Google has become a target antitrust complaints in the last year filed by state and federal officials -- as well as businesses -- accusing it of abusing its dominance in digital advertising and online search. Koh has a deeper history with the company as a vocal critic of its privacy policies. She forced Google in one notable case to disclose its scanning of emails to build profiles and target advertising.

In this case, Google is accused of relying on pieces of its code within websites that use its analytics and advertising services to scrape users' supposedly private browsing history and send copies of it to Google's servers.

Google makes it seem like private browsing mode gives users more control of their data, Amanda Bonn, a lawyer representing users, told Koh. In reality, "Google is saying there's basically very little you can do to prevent us from collecting your data, and that's what you should assume we're doing," Bonn said.

Company Disclosure


Google argues that every time people use Chrome's private browsing mode, a full-page notice makes clear that other people who use the device won't see their activity -- but that it may still be visible to, among others, websites they visit and their internet service provider.

Andrew Schapiro, a lawyer for Google, said the company's privacy policy "expressly discloses" its practices. "The data collection at issue is disclosed," he said.

Another lawyer for Google, Stephen Broome, said website owners who contract with the company to use its analytics or other services are well aware of the data collection described in the suit.

Broome's attempt to downplay the privacy concerns by pointing out that the federal court system's own website uses Google services ended up backfiring.

The judge demanded an explanation "about what exactly Google does," while voicing concern that visitors to the court's website are unwittingly disclosing information to the company.

"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," Koh told the company's lawyers.

The case is Brown v. Google, 20-cv-03664, U.S. District Court, Northern District of California (San Jose).

Newsletter

Related Articles

0:00
0:00
Close
UK Heatwave Disrupts Transport, Healthcare and Public Services as Red Weather Alerts Expand Nationwide
Barclays Warns of Growing Cyber Risk Divide Between Large UK Firms and Micro Businesses
European Defence Plans Including Ukraine Integration Prompt UK Strategic Reassessment
UK Equity Markets React as US–Iran Peace Roadmap Eases Oil Price Pressures
United Kingdom Expands Global Clean Energy Partnerships With Brazil, Morocco and Tanzania
Lord David Frost Urges Incoming UK Leadership to Abandon EU Regulatory Reset Strategy
Housing Groups Support Amendment to Strengthen Fire and Gas Safety Access Powers in Social Housing
South London NHS Estates Staff Ballot on Industrial Action Over Pay Structures in Hospital Maintenance Services
United Kingdom Government Invests £60 Million in AI Research Labs at Oxford and University College London
Barclays Cyber Security Report Highlights Rising Threat Exposure Among UK Small Businesses in AI-Driven Attacks
UK Met Office Heatwave Triggers Transport Warnings as Rail Operators Urge Cancellations Amid Infrastructure Strain
South London NHS Estates Workers Ballot for Strike Action Over Pay Disputes Across Major London Hospitals
Barclays Warns of Severe Cyber Security Gap Between Large Corporations and Small Businesses in the United Kingdom
United Kingdom Government Allocates £60 Million for Artificial Intelligence Research Laboratories at Oxford and UCL
National Health Service Approves Teplizumab Treatment to Delay Onset of Type One Diabetes in First European Rollout
Met Office Issues Rare Red Extreme Heat Warning Across London, South East and West Midlands as Transport and Health Systems Face Disruption
Prime Minister Keir Starmer Resigns After Labour Party Revolt Following Economic Stagnation and Local Election Losses
United Kingdom Economy Contracts for Second Consecutive Month as Private Sector Weakens and Job Loss Fears Rise
Taxpayer Support Grows for Higher Digital Levies on Multinational Tech Companies
Bank of England Signals Caution Over Inflation Despite Easing Energy Prices
Lloyds Banking Group Expands Artificial Intelligence Hiring Amid Sector-Wide Automation Shift
Film Producer Corporate Collapse Leaves Creditors Facing Unrecoverable Losses
UK Ten-Year Brexit Anniversary Highlights Ongoing Political and Economic Uncertainty
Nottingham Maternity Scandal Inquiry Reveals Systemic Failings in NHS Care
Met Office Heatwave Prompts Public Health Warnings Across United Kingdom
Concerns Rise Over Fiscal Stability as Political Uncertainty Weighs on UK Borrowing Costs
UK Taxpayers Back Higher Digital Taxes on Global Technology Firms, Survey Shows
Bank of England Holds Interest Rates Steady Amid Persistent Services Inflation
Reform UK and Opposition Leaders Call for General Election Following Starmer’s Departure
Ten Years After Brexit Referendum, UK Faces Ongoing Political Fragmentation and Economic Debate
Nottingham University Hospitals Maternity Inquiry Exposes Severe NHS Failures
Met Office Issues Heat Health Alerts as United Kingdom Faces Record-Breaking Temperatures
Andy Burnham Emerges as Front-Runner for Labour Leadership After Starmer’s Resignation
Keir Starmer Resigns as UK Enters New Phase of Political Leadership Transition
UK Expands Alcohol Ban Enforcement Using Tagging Technology Ahead of World Cup
UK Invests £50 Million in Critical Minerals Supply Chain Security
UK Appoints Special Envoy on Preventing Sexual Violence in Conflict
UK Introduces Fines for Landlords of Unsafe Rental Properties
Reform UK Leads Opinion Polls as Immigration Debate Reshapes UK Politics
Police Investigate Edinburgh Attacks as Potential Hate Crimes
King Charles to Publish Personal Tax and Royal Household Financial Records
Nottingham University Hospitals Maternity Inquiry Report Set for Publication
Heat-Health Alerts Issued Across London and Southern England Amid Rising Temperatures
UK Economy Shows Pressure From Middle East Conflict Despite Modest Growth
Brexit Anniversary Reignites Debate Over UK Economic and Political Direction
UK Parliament Continues Legislative Work Amid Leadership Transition
Financial Markets Hold Steady After UK Leadership Shake-Up
Andy Burnham Enters Labour Leadership Race With Strong Parliamentary Backing
Keir Starmer Resigns as UK Prime Minister After Two Years in Office
Reform UK MP Lee Anderson to Raise Pension Concerns Over British Coal Staff Superannuation Scheme
×