Migliaccio & Rathod LLP is investigating whether Google users’ images, files, audio recordings, videos, and other media may have been used to train or improve generative AI models without users clearly understanding or affirmatively agreeing to that use.
Google has introduced a new setting called Search Services History across services including Search, Maps, Shopping, Flights, Hotels, Translate, and News. Google states that this history can include media supplied by users, such as Google Lens images, uploaded files, voice searches, Search Live recordings, and audio from Translate. Google also states that saved media may be used to develop and improve its AI models and technologies.
Importantly, Google explains that the new settings are based on users’ prior Web & App Activity choices. If those earlier settings were turned on, Search Services History may also begin turned on rather than requiring users to separately opt in to the newly described use.
What We Are Investigating
Consumers may submit media to Google for a specific purpose—for example, uploading a photograph to Google Lens, providing a document for translation, or using a voice recording to conduct a search.
Migliaccio & Rathod LLP is investigating whether consumers reasonably understood that these materials could also be retained and used to train broader generative AI systems.
We are investigating whether:
- Google adequately informed users that uploaded media could be used for AI training;
- users were automatically enrolled based on older account settings;
- users were given a meaningful opportunity to consent before the new use began;
- media submitted before the rollout of Search Services History was later used for AI development;
- users who turned the feature off could prevent previously supplied media from being used; and
- Google adequately explained what would happen to media already selected for AI training.
Google states that when the Save Media setting is turned off, future media will not be used to train its generative AI models unless the user provides feedback. However, Google also states that media already selected for model training is disconnected from the user’s account and may be retained for up to four years, even if the original activity is later deleted.
Potential Claims May Include:
- unfair or deceptive trade practices;
- inadequate disclosure of a material change in how consumer data is used;
- breach of contract or related contractual claims;
- unjust enrichment;
- privacy-related claims; and
- claims concerning the use of consumer-provided content for a new commercial purpose.
Signs You May Be Affected:
- You used Google Lens to upload or capture photographs;
- you uploaded a document, file, image, audio recording, or video to a Google Search service;
- you used Search Live, voice search, or Translate speaking features;
- you supplied this media before learning that it could be used to train generative AI;
- Search Services History or Save Media was already enabled in your account;
- you do not remember affirmatively agreeing to AI training;
- you turned off the setting after learning how Google could use your media;
- you deleted media but learned that previously selected training data could remain for years; or
- you have screenshots, emails, or account notices showing how the setting was presented to you.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.