Residents of the two most populous US states, Texas and Illinois, cannot access the new artificial intelligence editing tool in Google Photos. This is unusual, especially since Google is implementing AI across all of its product lines.
A feature called conversational editing allows you to edit images by entering commands or using your voice, without the need for more complex software. It opens the door for people who want to edit their photos, from small changes to complete transformations, without having to dig into settings or use more advanced tools.
Conversational editing in Google Photos debuted on Pixel 10 series phones. In September Google has launched conversational editing in the Photos app to all suitable Android users, and recently iOS usersin the USA.
But it was unclear who “has the right” to use this feature. IN help center pageGoogle said it is “not currently available in all regions.” It doesn't specify regions or say why.
As it turns out, the restriction applies to both Texas and Illinois based on the laws of these two states.
The ability to edit photos by voice or via chat is not a problem – the problem is in biometrics, in particular in the so-called facial geometry. One of the requirements for interactive editing is the presence of another feature called Groups of persons must be enabled. This is likely a legal stumbling block.
“What both laws have in common is that they limit how biometric identifiers such as facial geometry or voice prints are stored, transmitted or stored,” said Frank Fagen, a professor at South Texas College of Law.
The Houston Chronicle was the first to report that the feature was unavailable, noting that both states are suing the tech giant over data and biometrics collection.
Google did not respond to requests for comment.
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What is the Face Groups feature in Google Photos?
Face Groups is a Google Photos feature that algorithmically groups similar faces that you think belong to the same person, allowing you to tag them with a name for use in the app. This makes it easier to quickly find photos of specific people.
To do this, Face Groups collects facial geometry – a biometric analysis of shapes, proportions and angles. It creates face models every time a face is detected in a photograph. When the algorithm predicts that one face is similar to the face in another photo, it groups them together.
Person Groups is an optional feature that you can turn off at any time. This will remove all face groups associated with your account, as well as face models and any shortcuts you've added.
The problem is that this type of facial recognition technology is not legal everywhere, or at least requires some preliminary steps to be considered legal.
Biometric laws in Texas and Illinois
The collection of biometric data typically requires consent, and failure to provide it may result in a violation of biometric privacy laws. A Google Photos user could agree to the app's terms of use, thereby consenting to the collection of biometric data. What about the other people you photograph? Not so much.
One of the two relevant laws is the Illinois Biometric Information Privacy Act, or BIPA, which privacy experts view as the “gold standard” because it gives people the right to sue an offending company.
According to a 2019 Illinois Supreme Court ruling, you do not have to prove that the violation caused actual harm to file a claim. That “led to a wave of litigation,” according to David Morrison, a principal at the Illinois law firm Goldberg Khan. Morrison noted that even technical violations carry fines ranging from $1,000 to $5,000 per victim.
Google settles lawsuit for $100 million face grouping feature in 2022 in Illinois.
Texas has its own law Law regarding the collection or use of biometric identifiersor CUBI, but only the state attorney general can file a lawsuit, not individuals. Biometric data covered by the law includes eye, voice, fingerprint and handprint scans, as well as facial geometry. One CUBI violation can result in a fine of up to $25,000.
Texas sues Google in 2022 for collecting biometric data without consent. The case was settled in May 2025.
Texas law states that biometric data must be destroyed within a “reasonable period of time” and ties the expiration date to the purpose for which the identifier was created, creating a conundrum for Google. Face groups are a constant and ongoing process, essentially waiting for you to take a photo so it can check whether any face in the image matches one of its face models. This means that its purpose never expires.
“From a compliance standpoint, the easiest path for Google would be to simply disable this feature in Texas and Illinois,” Fagen said.
Fagen notes that conversational style editing can be done in the Gemini app and is available in both Texas and Illinois. This supports the assumption that the problem is not with the function itself, but with the biometric collections required for groups of individuals.
Google is not alone in fighting these state laws. Meta has been the subject of several lawsuits for tracking users without their consent, including $650 million settlement for BIPA violation.
