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The policy prohibits using generative AI to process personal data or biometric information without obtaining legally required consent, framing this as a violation of others' rights.
This analysis describes what Google Gemini's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision places user-side responsibility for ensuring legally required consent when using personal or biometric data as inputs to generative AI, engaging GDPR, CCPA, and state biometric privacy statutes such as Illinois BIPA.
Interpretive note: The applicable consent standard is deferred to applicable law, meaning compliance requirements vary significantly by jurisdiction and the specific category of data involved.
Under this clause, users who provide personal data or biometric information to Google's generative AI tools must ensure they hold legally required consent from the individuals whose data is used. The agreement frames non-compliance as a rights violation subject to policy enforcement.
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"Violates the rights of others, including privacy and intellectual property rights -- for example, using personal data or biometrics without legally-required consent.Excerpt from Google Gemini's Google Generative AI Prohibited Use Policy
1) REGULATORY LANDSCAPE: This provision directly engages GDPR consent requirements for processing personal data and special category data including biometrics, CCPA provisions governing the use of consumers' personal information, and Illinois BIPA, which imposes specific consent requirements for biometric identifiers and biometric information. The FTC's enforcement authority over unfair data practices is also relevant. The phrase 'legally-required consent' defers to applicable law, meaning the standard varies by jurisdiction. 2) GOVERNANCE EXPOSURE: High for enterprise users processing personal or biometric data through generative AI tools. Organizations using customer data, employee data, or third-party personal data as generative AI inputs must assess their consent posture under applicable law before using Google's generative AI products for such processing. 3) JURISDICTION FLAGS: EU and EEA users face heightened exposure under GDPR Article 9, which governs biometric data as a special category requiring explicit consent or an alternative legal basis. Illinois users and organizations processing Illinois residents' biometrics face exposure under BIPA. California users face CCPA obligations. The provision's reference to 'legally-required consent' means the applicable standard differs across these jurisdictions. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise agreements with Google should be reviewed to assess how responsibility for consent compliance is allocated when personal or biometric data is processed through generative AI. This policy places consent compliance responsibility on the user, which may create indemnification exposure if consent is absent. 5) COMPLIANCE CONSIDERATIONS: Data protection officers and privacy teams should conduct data mapping exercises to identify whether personal or biometric data is being used as inputs to Google generative AI workflows. Consent management programs should be assessed against the applicable legal standards in relevant jurisdictions, including GDPR, CCPA, and BIPA.
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This provision places user-side responsibility for ensuring legally required consent when using personal or biometric data as inputs to generative AI, engaging GDPR, CCPA, and state biometric privacy statutes such as Illinois BIPA.
Under this clause, users who provide personal data or biometric information to Google's generative AI tools must ensure they hold legally required consent from the individuals whose data is used. The agreement frames non-compliance as a rights violation subject to policy enforcement.
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