Jan 17 (Reuters) - Google has a right to question Texas
officials in a lawsuit accusing the Alphabet unit of unlawfully
collecting biometric privacy data of millions of Texans without
consent, a state appeals court has ruled.
The decision by the Austin, Texas-based 15th Court of
Appeals on Thursday reversed a lower ruling that barred the
technology giant from deposing the state about its internal
communications and key terms in the privacy law at the center of
the 2022 lawsuit.
Texas had fought the inquiry, saying Google was trying to
"investigate the investigator."
Google and Texas did not immediately respond to requests for
comment.
The lawsuit accused Google of deceptive trade practices and
alleged it violated a state law that shields biometric
identifiers such as faces, fingerprints and eye scans from being
captured without approval.
Google unlawfully collected biometric data through Google
Photos, Google Assistant and Nest Hub Max, Texas said. The
privacy law sets out penalties of up to $25,000 per violation.
Google has denied any wrongdoing.
Lawyers for Texas told the appeals court that "Google has
sought and received substantial discovery from the state," and
so there was no need for an "improper and unduly burdensome
deposition."
The appeals court in its 2-1 order said a Texas court rule
at issue was "unambiguously broad and certainly encompasses a
right to depose any entity that is a party to a lawsuit."
A dissenting judge said Google "has other adequate legal
remedies without this unprecedented deposition."
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