Google to subpoena Clearview over Texas biometrics contracts

Google is about to subpoena records from Clearview AI to show its business relationship with four Texas law enforcement agencies as part of its defense against a biometric data privacy lawsuit, MLex reports.

The online search giant is arguing that the state is carrying out selective enforcement of its own law, by bringing a lawsuit against it under the Capture or Use of Biometric Identifier Act (CUBI), while also engaged in contracts with Clearview as it performs similar activities. Google seeks documents and communications that show which Clearview products that use facial recognition, the company’s biometric database and biometric identifiers and have been made available to Texas government agencies.  It also asks for records of communications about whether Clearview was told it needed to get consent from Texans “before conducting Facial Recognition or Capturing Biometric Identifiers in connection with Your products and services that use Facial Recognition, Facial Recognition Technology, Biometric Identifiers, or Your facial image database.”

The state sought a protective order earlier this year to prevent Google from subpoenaing Clearview for records, which was rejected. The state successfully blocked Google from deposing state agencies, however, Reuters reports, arguing that the company was attempting to “investigate the investigator.”

MLex reports this is a similar tactic to one used by Meta in court before agreeing to a $1.4 billion settlement. Google has also noted the state’s relationship with Idemia, one of America’s leading biometrics providers.

Google is also arguing that Texas waited for 20 years to enforce the law, and seeks “astronomical” compensation.

Texas Attorney General Ken Paxton has filed three different lawsuits against Google. The other two relate to data collection, but not biometrics.

Article Topics

biometric data  |  biometric identifiers  |  biometrics  |  Clearview AI  |  CUBI  |  data privacy  |  Google  |  lawsuits  |  Texas