October 21, 2022 – Texas Attorney General Ken Paxton has filed a lawsuit against tech giant Google for allegedly violating the state’s biometric data laws, claiming the company harvested and used biometric data from millions of users without obtaining proper consent.
The case, filed under the Texas Capture or Use of Biometric Identifier Act, says the state has prohibited companies from gathering consumers’ voice, facial recognition or other biometric information without proper consent for more than a decade. Google’s alleged collection of Texans’ biometric data has been called a “blatant defiance” of the law.
“Google has, since at least 2015, collected biometric data from innumerable Texans and used their faces and their voices to serve Google’s commercial ends,” the complaint says. “Indeed, all across the state, everyday Texans have become unwitting cash cows being milked by Google for profits.”
Google stored voiceprints and facial recognition information through its products, including Google Assistant and Google Photos, which, according to the complaint, use technology to detect biometric identifiers. When pictures are uploaded to Google Photos, it creates a record or face template that determines whether the newly uploaded photos fit the templates created previously. Google then groups together any photos and videos that depict similar faces, thereby storing the information on individual users.
“The proliferation of the commercialisation of Texans’ personal biometric identifiers is as invasive as it is dangerous,” reads the complaint. “Unlike passwords, credit cards, Social Security numbers, and even names, biometric identifiers (like face geometry and voiceprints) form an inherent part of our unique, human identity and cannot be simply erased or replaced when stolen.”
Google has, however, denied the allegations in a statement, calling Paxton’s lawsuit a mischaracterisation of Google products.
“Google Photos helps you organise pictures of people, by grouping similar faces, so you can easily find old photos,” said Google spokesperson Jose Castaneda. “Of course, this is only visible to you and you can easily turn off this feature if you choose and we do not use photos or videos in Google Photos for advertising purposes.”
“The same is true for Voice Match and Face Match on Nest Hub Max, which are off-by-default features that give users the option to let Google Assistant recognize their voice or face to show their information.”
Google will set the record straight in court, the statement added.
Earlier this year, AG Paxton brought a similar case against Facebook’s parent organisation Meta, accusing the social media giant of unlawfully collecting facial recognition data for commercial purposes.
“Facebook will no longer take advantage of people and their children with the intent to turn a profit at the expense of one’s safety and well-being,” Paxton had said in a statement. “This is yet another example of Big Tech’s deceitful business practices and it must stop. I will continue to fight for Texans’ privacy and security.”
Updated with Google’s statement
