Google Faces Class-Action Lawsuit Over Gemini AI's Alleged Privacy Violations

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Google is being sued in a proposed class-action lawsuit alleging that its Gemini AI assistant was secretly activated across Gmail, Chat, and Meet in October 2024, allowing it to monitor users' private communications without consent.

Legal Action Against Google's AI Integration

Google is facing a proposed class-action lawsuit filed in federal court in San Jose, California, alleging that the tech giant unlawfully activated its Gemini AI assistant across multiple platforms without user consent

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. The complaint, filed on Tuesday and first reported by Bloomberg, accuses Google of secretly enabling Gemini across Gmail, Google Chat, and Meet in October 2024, effectively allowing the AI to monitor and analyze users' private communications and attachments.

Source: Quartz

Source: Quartz

Allegations of Secret Activation

According to the lawsuit, Google previously offered users the option to voluntarily activate its AI program across these platforms. However, the complaint alleges that in October, Alphabet Inc.'s subsidiary "secretly" turned on Gemini for all these applications by default, enabling the AI to collect private data "without the users' knowledge or consent"

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. The lawsuit claims this change was implemented without alerting users or requesting their permission.

Privacy Settings and User Control

While Google does provide users with the ability to disable Gemini, the lawsuit argues that doing so requires navigating through multiple layers of privacy settings that most users never encounter

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. The complaint states that unless users take the proactive step to deactivate the AI tool through these buried settings, Google uses Gemini to "access and exploit the entire recorded history of its users' private communications, including literally every email and attachment sent and received in their Gmail accounts"

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Legal Framework and Violations

The lawsuit alleges that Google's actions violate the California Invasion of Privacy Act, a 1967 law that prohibits surreptitious wiretapping and recording of confidential communications without the consent of all parties involved

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. This legal challenge could serve as a significant test case for how existing privacy laws, written decades before large language models entered the market, apply to modern AI assistants and applications

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Competitive Context and Company Response

Google's AI initiatives, including Gemini, are part of the company's broader strategy to compete with rivals such as OpenAI, Anthropic, Amazon, and Microsoft in the rapidly evolving AI landscape

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. Gemini evolved from Google's experimental chatbot Bard, which was launched in early 2023 following the success of OpenAI's ChatGPT. Google has not yet commented on the filing, though the company has previously marketed Gemini as an opt-in feature

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Broader Privacy Concerns

This lawsuit represents the latest in a series of privacy-related challenges facing Google. The company has previously drawn scrutiny and legal action over user privacy in the European Union, separate from antitrust concerns, with European regulators continuing to examine how Google's ad-tracking and analytics systems utilize customer information

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. Despite these ongoing legal challenges, Alphabet's financial performance remains strong, with the company reporting $100 billion in net profit in 2024, representing an increase of over 30% from the previous year

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