The new artificial intelligence feature in Google Photos is particularly missing from residents of Texas and Illinois, two of the most populous states in the United States. This is especially strange considering that the feature has been widely adopted across the country since its debut.
This feature allows anyone to edit a photo by voice or typing commands—all without additional software or even knowing what changes need to be made to achieve the desired effect. This feature makes photo editing more accessible and accessible to people who are less inclined to dig into individual photo editing settings.
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 users in 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.
Never miss any of our unbiased technical content and behind-the-lab reviews. Add CNET as Google's preferred source.
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-based law firm Goldberg Kohn. 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.
Why should these laws matter to you?
When your credit card stolenyou can stop the card and request a new one with a new number attached to it. If there is suspicious activity on one of your accounts, you can change your password to lock it.
What can you do if your fingerprints, voiceprint or facial geometry are stolen? Not much – as soon as this data is leaked, it will become publicly available. Theft of your biometric data is inevitable, which is why laws like BIPA and CUBI exist to ensure that this type of data is handled with due care, as well as appropriate consequences for mishandling.
Identity theft is a real threat in itself, but to an attacker, accessing someone's biometric data can feel like the key to a castle.
Cost of comfort
A smartphone in your pocket or in your hand is the ultimate compromise. It has become an integral part of your daily life and addiction itself. Imagine not being able to tap the screen several times and get a new pair headphones arrive at your door within an hour. When was the last time you had to ask a stranger for directions? This is no longer the world we live in.
The convenience that technology brings us allows us to safely leave our data at the doorstep of anyone trying to collect it. Current biometric laws are at least an attempt to ensure the protection of your most sensitive data. Is the convenience of something like Google's conversational editing worth the potential theft of your biometrics?
While this is an example of one feature not being available in one app for two states, the story doesn't stop there. BIPA and CUBI set a precedent for how sensitive data should be handled and how companies like Google are building future features to accommodate these privacy laws nationally and globally.
