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The policy prohibits using Google's generative AI to build, generate, or distribute tools or content that enable tracking or monitoring individuals without their consent.
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 engages privacy law requirements across multiple jurisdictions, including GDPR provisions on lawful data processing, CCPA, and state-level electronic surveillance statutes, placing user-side responsibility for ensuring consent before using generative AI for tracking or monitoring applications.
Interpretive note: The provision does not define the technical or operational scope of tracking or monitoring, creating ambiguity for analytics, location services, and employee monitoring use cases.
Under this clause, users are prohibited from using Google's generative AI to develop or deploy tracking or monitoring capabilities without the consent of the individuals being tracked or monitored. The agreement does not define the technical scope of tracking or monitoring, which may create interpretive ambiguity for location services, analytics, or employee monitoring use cases.
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"Tracks or monitors people without their consent.Excerpt from Google Gemini's Google Generative AI Prohibited Use Policy
1) REGULATORY LANDSCAPE: This provision engages GDPR Article 6 and Article 9 lawful basis requirements for processing location and behavioral data, CCPA consumer rights over personal information, the Electronic Communications Privacy Act governing electronic surveillance, and state wiretapping statutes. Illinois BIPA, the California Consumer Privacy Act, and state-level stalkerware statutes are also potentially relevant depending on the specific tracking methodology. 2) GOVERNANCE EXPOSURE: High for enterprise users developing employee monitoring, customer analytics, or location tracking applications using Google generative AI. The provision's consent requirement means users must assess applicable legal standards for consent in their jurisdiction and use case. 3) JURISDICTION FLAGS: EU and EEA users face heightened exposure under GDPR's lawful basis requirements, which distinguish between different categories of tracking data and impose varying consent and transparency obligations. Illinois, California, and New York have specific electronic surveillance and privacy statutes that may impose additional requirements. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations developing tracking or monitoring applications using Google generative AI as a component should ensure their consent mechanisms satisfy both this policy's requirements and applicable legal standards in their operating jurisdictions. The policy places compliance responsibility on the user. 5) COMPLIANCE CONSIDERATIONS: Privacy and legal teams should audit any generative AI use cases involving location data, behavioral monitoring, or identity tracking to confirm consent mechanisms are in place and satisfy applicable legal requirements. Data protection impact assessments may be required under GDPR for high-risk tracking applications.
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This provision engages privacy law requirements across multiple jurisdictions, including GDPR provisions on lawful data processing, CCPA, and state-level electronic surveillance statutes, placing user-side responsibility for ensuring consent before using generative AI for tracking or monitoring applications.
Under this clause, users are prohibited from using Google's generative AI to develop or deploy tracking or monitoring capabilities without the consent of the individuals being tracked or monitored. The agreement does not define the technical scope of tracking or monitoring, which may create interpretive ambiguity for location services, analytics, or employee monitoring use cases.
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