Lawsuit Says Google Sought To Keep Tracking User Data While Incognito 'Out Of Spotlight': Report

Google spokesman Jose Castaneda told the news outlet that the filing "mischaracterizes emails referencing unrelated second and third-hand accounts."

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New Delhi: Sundar Pichai, the Chief Executive was warned in 2019 about describing Google's Incognito browsing mode as "private" was problematic but it wasn't changed because he didn't want to bring under the spotlight, a new court filing said according to a Reuters report.  

Though a Google spokesman Jose Castaneda told the news outlet that the filing "mischaracterizes emails referencing unrelated second and third-hand accounts."

In recent years, with users becoming more concerned about online surveillance, the Alphabet Inc unit's privacy disclosures have generated regulatory and legal scrutiny. In an alleged lawsuit, last year, users said that Google was unlawfully tracking their internet use when they were browsing Incognito in its Chrome browser. Google, however, said that it clearly states that Incognito only stops data from being saved to a user's device.

In a written update on trial preparations filed Thursday in U.S. district court, attorneys for the users said they "anticipate seeking to depose" Pichai and Google Chief Marketing Officer Lorraine Twohill, Reuters reported. Citing Google documents, the attorneys said that Pichai "was informed in 2019 as part of a project driven by Twohill that Incognito should not be referred to as 'private' because that ran 'the risk of exacerbating known misconceptions about protections Incognito mode provides."

The filing continued, "As part of those discussions, Pichai decided that he 'didn't want to put incognito under the spotlight' and Google continued without addressing those known issues."

Castaneda said teams "routinely discuss ways to improve the privacy controls built into our services." Google's attorneys said they would oppose efforts to depose Pichai and Twohill.

Last month, Google vice president Brian Rakowski, described in the filing as "the 'father' of Incognito mode", was deposed. 

He testified that though Google states Incognito enables browsing "privately," what users expect "may not match" up with the reality, according to the plaintiffs' write-up, the Reuters reported stated. 

Rejecting summary, Google's attorneys said terms including "private," "anonymous," and "invisible" with proper context "can be super helpful" in explaining Incognito.