Gemini’s Hidden Activation Sparks Privacy Alarm
Before the alleged change, users had to go into their account settings and choose whether to turn on Gemini’s “smart” assistance features. But now, according to the complaint, Google has reversed the rules—flipping the privacy switch on for everyone by default.
The lawsuit contends that Gemini “tracks and indefinitely stores” the content of emails, chats, and video conversations, including attachments, messages, and personal exchanges—all without express permission. Thele’s filing paints this as an unprecedented violation of consumer trust and privacy expectations.
“The ramifications of unauthorized access to voluminous private communications can be severe,” the complaint warns, noting the potential exposure of not just adult users’ data but also that of minors under their guardianship.
Lawsuit Cites California Privacy and Federal Data Laws
The complaint accuses Google of breaking multiple state and federal laws, including:
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California’s constitutional right to privacy
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California Invasion of Privacy Act (CIPA) — banning the secret recording or interception of private conversations
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California Computer Data Access and Fraud Act — prohibiting unauthorized electronic data access
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Federal Stored Communications Act — barring unauthorized access to stored digital communications
Additionally, Thele asserts that Google committed “intrusion upon seclusion”, a legal term referring to the invasive prying into private matters. The suit argues that such behavior would be considered “highly offensive to a reasonable person,” especially given that Google users rely on multiple safeguards—passwords, encryption, and two-factor authentication—to keep their communications confidential.
