Google Can’t ‘Investigate the Investigator’ in Texas Privacy Case, Judge Rules

A Texas state judge has barred Google from questioning the state and its legal team in a lawsuit alleging the unlawful collection of biometric data from millions of Texans without consent. Judge Leah Robinson in Midland County ruled that Google could not compel Texas to submit to a deposition, siding with the state’s argument that Google’s effort was an impermissible attempt to “investigate the investigator.”

The lawsuit, filed in 2022, accuses Google of deceptive trade practices and violating Texas law protecting biometric identifiers like faces, fingerprints, and eye scans from unauthorized capture. Texas claims Google collected this data through Google Photos, Google Assistant, and Nest Hub Max, with penalties reaching up to $25,000 per violation. Google denies any wrongdoing.

Google had sought to question Texas on key terms in the privacy law and the basis of the state’s claims, arguing that the state had refused to provide a witness to support its case. However, the judge’s ruling prevents these depositions from proceeding, significantly impacting Google’s defense strategy.

The case is part of a broader enforcement of Texas’ biometric privacy law, which had remained unenforced for two decades until similar lawsuits were filed against Google and Meta in 2022. Meta recently agreed to a $1.4 billion settlement to resolve its lawsuit, marking the largest-ever settlement won by a single state, although Meta denied any wrongdoing in the agreement.

Source: Reuters

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August 5, 2024 – by Ali Nassar-Smith