Imagine this: You're ready to try out the coolest new AI photo editing feature in Google Photos, but you can't. You're blocked. This isn't a glitch; it's a legal battleground. Residents of Texas and Illinois, two of the most populous states in the US, are currently locked out of Google Photos' AI-powered "Conversational Editing." Why? It all boils down to how Google handles your face.
I'm Blake Stimac, and I've been covering tech for over a decade. Let's break down why this exciting feature is off-limits in these states, and what it means for your privacy.
Conversational Editing is a game-changer. It lets you tweak your photos simply by typing commands or speaking to your phone. Want to brighten a picture? Just tell Google Photos to "increase the brightness." Need to remove a distracting object? Ask it to "remove that person in the background." It's designed to be intuitive and accessible, even if you're not a Photoshop pro. Conversational Editing first launched on the Pixel 10 series, then expanded to Android and iOS users across the US.
But here's where it gets controversial... Google quietly noted that the feature wasn't available in all regions, without specifying which ones or why. It wasn't until reports surfaced that Texas and Illinois were excluded that the truth came out: the restriction is due to state laws concerning biometrics.
The real issue isn't the AI editing itself; it's the biometric data collection that powers a related feature called Face Groups. Face Groups is a Google Photos feature that automatically groups photos of the same person together. This lets you easily find all the pictures you have of, say, your best friend, by simply typing their name. To do this, Face Groups analyzes facial geometry – the unique shapes, proportions, and angles that define your face. It creates a "face model" every time it detects a face in a photo. When it thinks it's found a match, it groups the photos together.
Frank Fagen, a professor at the South Texas College of Law, explains that the laws in Texas and Illinois "restrict how biometric identifiers such as face geometry or voiceprints can be stored, transmitted, or retained." In other words, these states have stricter rules about what companies can do with your biometric data, like facial scans.
And this is the part most people miss... it's not just about your face. While you might have agreed to Google's terms of service, what about the other people in your photos? They haven't explicitly consented to having their faces scanned and analyzed. This is a key point of contention.
Let's dive deeper into these biometric laws. Illinois' Biometric Information Privacy Act (BIPA) is considered the gold standard for privacy protection. It gives individuals the right to sue companies that violate the law, even if they can't prove they were directly harmed. As David Morrison, principal of the Goldberg Khan law firm, points out, even technical violations can result in penalties ranging from $1,000 to $5,000 per affected individual. Google already settled a $100 million lawsuit in Illinois over its Face Groups feature in 2022.
Texas has its own law, the Capture or Use of Biometric Identifier Act (CUBI). While CUBI doesn't allow individuals to sue, the state attorney general can. A single violation can result in a fine of up to $25,000. Texas sued Google in 2022 for collecting biometric data without consent, a case that was settled in May 2025.
Texas law also requires that biometric data be destroyed within a "reasonable time," tied to the purpose for which it was collected. This creates a tricky situation for Google. Face Groups is an ongoing process, constantly scanning new photos for familiar faces. Its purpose, therefore, never really expires.
"From a compliance standpoint, the simplest route for Google is just to disable the feature in Texas and Illinois," says Fagen. He notes that conversation-style editing is still available through the Gemini app in those states, reinforcing the idea that the biometric data collection, not the editing, is the problem.
Google isn't alone in facing these challenges. Meta (Facebook) has also been hit with lawsuits over its facial recognition technology, including a $650 million settlement for violating BIPA.
So, what does all of this mean for you? If you live in Texas or Illinois, you'll have to wait (and maybe lobby your representatives) to get access to Conversational Editing within Google Photos. But it also raises bigger questions about your privacy and how your biometric data is being used. Is it fair for companies to collect and analyze your facial geometry without your explicit consent, or the consent of everyone in your photos? Should other states adopt similar biometric privacy laws? Let me know your thoughts in the comments below. Do you think the convenience of features like Face Groups outweighs the potential privacy risks? Or is it time for stricter regulations to protect our biometric data?
