Google’s AI photo editing feature isn’t available in these states. We asked the lawyers why


Residents of two of the most populous states in the US, Texas and Illinois, don’t have access to a new AI-powered editing tool in Google Photos. This is unusual, especially since Google is working to push artificial intelligence across its product lines.

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The feature, called chat editing, lets you edit photos by typing commands or using your voice, without the need for more advanced software. It opens doors for people who want to edit their photos, from making small adjustments to complete makeovers, without having to dig into settings or use more advanced tools.

Conversation editing in Google Photos has made its debut on the web Pixel 10 series phones. In September, Google has introduced the conversation editing feature In its Photos app All eligible Android devices users, and more recently, iOS usersIn the United States.

But it was not clear who was “eligible” to use this feature. In a Help Center pageGoogle said it is “not available in all regions at this time.” It did not specify the areas or mention the reason.

As it turns out, the restriction applies to Both Texas and Illinois Based on the laws in these two countries.

The ability to edit photos with your voice or through chat isn’t the problem — the problem is biometrics, specifically, what’s known as facial geometry. One of the requirements for editing the conversation is that there is another feature called Facial kits It must be enabled. This is likely to be the legal sticking point.

“The common thread in both laws is that they restrict how biometric identifiers such as facial geometry or voiceprints can be stored, transmitted or retained,” said Frank Fagen, a professor at South Texas College of Law.

The Houston Chronicle was the first to report the feature’s lack of availability, noting that both states had filed a lawsuit against the tech giant for data collection and biometrics.

Google did not respond to requests for comment.


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What is the Face Collections feature in Google Photos?

Face Groups are a feature of Google Photos that algorithmically groups together similar faces that it believes are the same person, allowing you to give them a name for your use within the app. This makes it easy to quickly find photos of specific people.

To do this, Face Groups collect facial geometry, and biometrically analyze shapes, proportions and angles. It creates face models any time a face is detected in the image. When the algorithm predicts that a face is similar to a face in another photo, it groups them together.

Face Combos are an optional feature that can be added It is stopped at any time. Doing so will delete all face sets associated with your account, as well as face models and any labels you’ve added.

The problem is that this type of facial recognition technology is not legal everywhere, or at least requires some initial steps to be considered legal.

Texas and Illinois Biometric Laws

Consent is usually required before biometric data is collected and, if not given, may result in a breach of biometric privacy laws. The Google Photos user may have accepted the terms and conditions of use of the application and thus provides consent to the collection of biometric data. But what about the other people you take pictures of? Not much.

One relevant law is the Illinois Biometric Information Privacy Act, or BIPA, which privacy experts view as the “gold standard” because it gives individuals the right to sue the offending company.

According to a 2019 Illinois Supreme Court ruling, you don’t need to prove that the violation resulted in actual harm to sue. That “opened up a torrent of lawsuits,” said David Morrison, principal with the Illinois-based Goldberg Khan law firm. Even technical violations carry penalties ranging from $1,000 to $5,000 per individual affected, Morrison noted.

Google settled a lawsuit for $100 million Via face collage feature in 2022 in Illinois.

Texas has its own law, and Capture or use biometric identification codeor CUBI, but only the state attorney general can file a lawsuit, not individuals. Biometrics covered by the law include eye scanning, voice, fingerprint and hand prints, and facial geometry. A single CUBI violation can result in a fine of up to $25,000.

Texas filed a lawsuit against Google in 2022 to collect biometric data without consent. This case was settled in May 2025.

Texas law stipulates that biometrics must be destroyed within a “reasonable period of time” and links the expiration date to the purpose for which the identifier was created, creating a dilemma for Google. Face combinations are an ongoing, always-on process, waiting for you to take a photo so you can check if any face in the photo matches one of its face models. This means that its purpose never ends.

“From a compliance standpoint, the simplest route for Google is to disable the feature in Texas and Illinois,” Fagen said.

Fagen points out that conversation-style editing can be done through the Gemini app, which is available in both Texas and Illinois. This reaffirms the assumption that it is not the feature itself that is the problem, but the biometric combinations required for facial combinations.

Google is not alone in dealing with these state laws. Meta has been hit with several lawsuits over tracking its users without their consent, including a $650 million settlement for BIPA violation.



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