During some criminal investigations, police may want to review data from an internet browser on one of your devices, such as a cellphone, tablet, laptop or desktop computer. For example, if you have been accused of a white collar crime, investigators may believe you searched online for information related to committing that crime. They may view this as potential evidence of intent and a link to the alleged activity.
At the same time, many people use private browsing modes. You may want to keep your online activity private, even if you have not done anything illegal. Because private browsing clears information when the browser is closed, some people believe police will not be able to find any incriminating evidence.
However, that is not necessarily the case, because internet activity can still be tracked.
How private browsing actually works
A common misconception is that private browsing prevents all tracking. In reality, it only prevents your browser from storing a local history of the websites you visited. The information is deleted from the browser itself, so someone using your device later will not see a record of those sites.
Your internet service provider, however, can still track the websites you visit. If you log into any accounts, that information may still be saved by the website or service. If you are using a shared network, such as one at a university or an office building, the network administrator may also be able to see which sites were accessed.
In other words, private browsing only limits what is stored locally on your device. The data may still exist elsewhere and could be accessed by authorities through other sources.
Your defense options
If you are being investigated for white collar crimes, it is important to understand how police may gather evidence. You also need to know your legal rights and the defense options available to you.