Did Google Just Let AI Read Your Gmail? A New Lawsuit Says Yes

What Google Allegedly Did

On October 10, 2025, Google allegedly flipped a switch. According to a class action lawsuit filed in California, the company changed its Gemini AI "Smart Features" from an opt in system to enabled by default for all Gmail, Chat, and Meet users.

The lawsuit (Thele v. Google, LLC) claims that 1.8 billion Gmail users suddenly had AI scanning their private communications without knowing or consenting. Previously, users had to actively choose to enable these AI features. Now they have to hunt through hidden settings to turn them off.

What Data Is Being Accessed

According to the complaint, Gemini can access and analyze far more than just email text. The lawsuit alleges the AI can review:

• Financial records and banking information
• Medical and health related communications
• Employment details and work conversations
• Political and religious affiliations
• Family member identities and contact information
• Shopping habits and exercise patterns
• Information about children's activities

This data does not just sit in your inbox. The complaint states that Gemini builds behavioral profiles by analyzing message content, metadata, and communication patterns across Gmail, Chat, and Meet.

The Two Tiered Privacy Problem

Here is what makes this particularly troubling: not everyone is affected equally. Google's Smart Features are disabled by default for users in the European Union, United Kingdom, Japan, and Switzerland. These regions have stronger privacy protections that force companies to obtain explicit consent before processing personal data.

Users in the United States and most other countries? The features are on by default. You have less privacy protection than users in Europe simply because of where you live.

This creates what privacy researchers call a "two tiered privacy system" where American users become second class citizens when it comes to data protection.

How to Check and Disable the Settings

Opting out is not straightforward. Google has buried the controls in multiple locations, and some security experts initially got it wrong when trying to disable them. Here is what you need to do:

Step 1: Disable Smart Features in Gmail

1. Open Gmail on desktop
2. Click the gear icon, then "See all settings"
3. In the General tab, find "Smart features"
4. Uncheck "Turn on smart features in Gmail, Chat, and Meet"
5. Click "Turn off and reload" when prompted

Step 2: Disable Google Workspace Smart Features

1. Still in Settings, find "Google Workspace smart features"
2. Click "Manage Workspace smart feature settings"
3. Toggle off both "Smart features in Google Workspace" and "Smart features in other Google products"
4. Save your changes

Be aware: disabling these features may remove Smart Compose, automatic email categorization, and some spell check features. Google has bundled privacy invasive AI with genuinely useful tools, making opting out more painful.

Google's Response

Google denies any wrongdoing. A spokesperson stated the reports are "misleading" and insisted no settings were changed. "We do not use your Gmail content to train our Gemini AI model," the company declared.

However, the lawsuit distinguishes between using data for AI training versus using AI to analyze data. Even if Google is not training Gemini on your emails, the complaint argues that having AI scan and analyze your private communications without consent still violates California's Invasion of Privacy Act.

Why This Matters for Email Privacy

This lawsuit exposes a fundamental problem with modern email: your inbox is only as private as your provider allows.

When you use Gmail, you trust Google with your most sensitive communications. You assume they will not read your emails without permission. But the line between "processing" email to deliver it and "analyzing" email to build AI profiles has become dangerously blurry.

Consider what your inbox contains: password reset emails that reveal what services you use, receipts that show your purchasing habits, appointment confirmations that expose your health concerns, and personal messages that reflect your relationships and beliefs.

Now imagine an AI that can access all of that, build a profile of who you are, and potentially use that profile in ways you never anticipated.

Protecting Your Inbox Beyond Settings

Disabling Smart Features is a start, but it relies on trusting that Google will actually stop scanning your emails. For stronger protection, consider these additional steps:

Block tracking pixels that reveal when you open emails and what device you use. Even if you disable Gemini, marketers and third parties can still track your email behavior through invisible spy pixels embedded in messages.

Use tools like Gblock that automatically detect and block these trackers in Gmail, preventing companies from building behavioral profiles based on your inbox activity.

Be skeptical of any AI features that require access to your communications. Ask yourself: what data does this need, and is the convenience worth the privacy tradeoff?

The Legal Battle Ahead

The lawsuit seeks damages under multiple California laws including the California Invasion of Privacy Act and the Stored Communications Act. A Pew Research study cited in the complaint found that 93 percent of Americans believe controlling who can access their information is important, and 90 percent believe controlling what information is collected about them matters.

If the lawsuit succeeds, it could force Google to implement clear consent mechanisms and potentially compensate affected users. More importantly, it could set a precedent that big tech companies cannot quietly enable AI surveillance of private communications.

For now, the case serves as a reminder: your email privacy depends on staying informed and taking action. The default settings are not designed to protect you.

Protect your inbox. Take control of your data, Gblock has you covered!