Google illegally gathers biometric data on non-consenting individuals, says Texas AG

Texas Attorney General Ken Paxton last week announced a new lawsuit against Google for gathering unauthorized biometric data in violation of Texas law which prohibits companies from the practice. 

The complaint alleges the tech giant has been using sophisticated technology to capture and store faces and voiceprints of Google users and non-users, including both adults and children. The alleged purpose is to enhance Google’s technology. 

“Indeed, all across the state, everyday Texans have become unwitting cash cows being milked by Google for profits,” says the complaint. 

Aside from privacy concerns, the complaint argues that biometric data is fundamentally different than credit card information, social security numbers, and other data often stored by companies, because “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.” 

One of the ways Google captures this information is through FaceNet, a face-mapping technology which allows Google to identify and group faces together on Google Photos. FaceNet scans and maps the faces of both users and non-users on the app, which has been downloaded over 6 billion times, and stores them “for an unreasonable amount of time.” 

“When a Texas mother uploads photos of her daughter’s third birthday party to Google Photos, for example, Google captures the face geometry of every child’s face that can be detected in those photographs,” says the lawsuit. 

“Even more troubling, when the mother uploads video of the birthday party, Google runs facial recognition on every face detected in that video, including the faces of uninvolved bystanders in the park, restaurant, or schoolyard. 

“And when a grandson drives to Midland to visit his grandmother on Easter and sends a series of photos taken on his Android phone to the family thread, those photos are sent to Google Photos by default, where Google captures grandma’s face geometry.” 

The practice gets more invasive with Nest Hub Max, the smart home controller Google debuted in 2019. Nest Hub Max is a tablet-sized device which functions as a camera and security camera, makes calls and video calls, and can operate certain house features on voice command. The device also uses facial recognition – all the time. 

The complaint explains that “the Nest Hub Max’s camera is designed to be a modern Eye of Sauron —constantly watching and waiting to identify a face it knows.” This includes bystanders, people passing in front of the camera, and curious children who stand in front of it. 

The device also includes Google Assistant, a voice-controlled personal assistant installed in a plethora of Google products. Google Assistant is always listening to every voice it hears so that it can record voices and audio “plus a few seconds before.” Google stores these recordings, including that of children, “indefinitely”. 

Texas is seeking a temporary injunction to stop Google from capturing these biometric data until a trial outcome.