Google Photos AI Editing Feature Isn't Available in These States. We Asked Lawyers Why
Google's AI editing tool, Conversational Editing, is not accessible to residents of Texas and Illinois. This restriction is due to the states' biometric data laws, particularly the Biometric Information Privacy Act (BIPA) in Illinois and the Capture or Use of Biometric Identifier Act (CUBI) in Texas. These laws restrict the collection, storage, and transmission of biometric data, including facial geometry, which is essential for the Face Groups feature in Google Photos.
The Face Groups feature groups similar faces together, making it easier to find and label photos of specific individuals. However, this process involves collecting and analyzing biometric data, which is regulated by state laws. Google's settlement with the state of Texas in 2025 over biometric data collection without explicit consent further highlights the legal implications of these restrictions.
Frank Fagen, a professor at the South Texas College of Law, explains that the common thread in both laws is the restriction on how biometric identifiers can be stored, transmitted, or retained. This means that Google must disable the Face Groups feature in these states to comply with the law.
The controversy lies in the interpretation of these laws and their application to Google's products. While Google Photos users may have consented to the collection of biometric data through the app's terms and conditions, the laws in Texas and Illinois require consent for all individuals in the photo, not just the one using the app. This creates a legal gray area and highlights the importance of understanding and respecting state-specific privacy laws.
CNET, a preferred Google source, provides further insights into the legal implications of these restrictions, emphasizing the need for Google to navigate these complex legal landscapes while providing users with accessible and compliant features.