Google Sued: Gemini Reads Your Emails Without Your Knowledge

Let me break this down: imagine you've been storing your most personal letters in a mailbox you thought was secure for years. One day you discover the postman has been reading them all to "improve the service." That's essentially what a class action lawsuit accuses Google of doing with 1.8 billion Gmail users.

On November 11, 2025, Thomas Thele filed a lawsuit in the Federal Court of California (case Thele v. Google, LLC) accusing Google of "secretly" enabling its Gemini AI to analyze all Gmail emails without explicit consent. And the numbers are staggering: 130 million American users potentially affected.

What's really going on? Is Google training its AI with your emails? And what can you do to protect yourself? Let's unpack everything.

What the Lawsuit Against Google Alleges

What most guides won't tell you is that this lawsuit didn't come out of nowhere. According to legal documents, Google allegedly enabled "Smart Features" with Gemini AI for all Gmail, Chat, and Meet accounts around October 10, 2025.

The Specific Charges

The lawsuit accuses Google of violating:

1. California Invasion of Privacy Act (CIPA) - Section 632: Prohibits recording confidential communications without consent
2. California Computer Data Access and Fraud Act - Unauthorized data access
3. Stored Communications Act (federal law) - Protection of stored communications
4. California constitutional right to privacy
5. Intrusion upon seclusion

The Core Argument

The trick is understanding what changed: Google previously offered "Smart Features" as opt-in (you had to enable them yourself). According to the lawsuit, they're now opt-out (enabled by default and you have to disable them).

And here's the important part: although Google says it doesn't use your emails to train Gemini, the lawsuit argues that analyzing your private communications without consent already violates privacy laws, regardless of whether the data is used for training.

Key Case Dates

What Exactly Gemini Does With Your Gmail

Before you panic, let me explain exactly what's happening under the hood.

Smart Features: The System in Question

Google's "Smart Features" do several things with your Gmail content:

Enabled functions:

• Automatically showing travel itineraries in Calendar
• Package and shipment tracking
• Generating summaries of long emails with Gemini
• Suggesting smart replies
• Categorizing emails (Primary, Promotions, Social)
• Predictive text completion

Data it analyzes:

• Your entire email history (sent and received)
• Document attachments
• Google Chat messages
• Meet meeting content
• Associated metadata

The Crucial Difference: Training vs. Analysis

Google has been very clear on one point: it does NOT use Gmail content to train Gemini models.

But here's the nuance many people miss: there's a difference between:

1. Training the model = Using your data to improve the general AI (Google says it does NOT do this)
2. Real-time analysis = Using AI to process your emails when you use them (Google DOES do this)

The lawsuit argues that even real-time analysis, without training, already constitutes a privacy violation if you didn't give explicit consent.

US vs Europe: Two Different Worlds

If you live in the EU, UK, Switzerland, or Japan, Smart Features are disabled by default. If you live in the US, they're enabled unless you manually disable them.

How to Disable Gemini in Gmail: Step-by-Step Tutorial

Now for the practical part. I'll guide you step by step to disable these features if you're concerned about your privacy.

On Desktop

Step 1: Access Gmail settings

1. Open Gmail in your browser
2. Click the gear icon (top right corner)
3. Select "See all settings"

Step 2: Disable Smart Features in Gmail

1. In the "General" tab, scroll down
2. Find "Smart features and personalization in Gmail"
3. Uncheck the box
4. Click "Save Changes" at the bottom of the page

Step 3: Disable Workspace Smart Features

1. Still in Settings, find "Google Workspace smart features"
2. Click "Manage Workspace smart feature settings"
3. You'll see two options:
   • "Smart features in Google Workspace"
   • "Smart features in other Google products"
4. Disable BOTH options
5. Save changes
6. Refresh Gmail or log out and back in

On Mobile (Android/iOS)

1. Open the Gmail app
2. Tap the menu (three horizontal lines)
3. Scroll to "Settings"
4. Select "Data privacy"
5. Disable "Smart features"
6. Enter "Google Workspace smart features"
7. Disable options for Workspace and other Google products

Quick Shortcut via URL

If you prefer to go directly, visit:

https://myaccount.google.com/data-and-privacy

From there you can manage all your Google account privacy settings.

What You Lose by Disabling Smart Features

Before you rush to disable everything, you should know what features you'll lose:

• Advanced autocorrect and spell check
• Personalized desktop notifications
• Automatic package tracking
• Email categories (Primary, Promotions, Social)
• Restaurant reservations linked to Maps from confirmation emails
• Ticket suggestions in Google Wallet
• Google Assistant responses and reminders based on emails
• Gemini features across all Google apps

It's a trade-off: privacy vs. convenience. You decide what's worth more to you.

What Google Officially Says

Google hasn't stayed silent. Spokesperson Jenny Thomson issued this statement:

"These reports are misleading - we have not changed anyone's settings. Gmail Smart Features have existed for many years, and we do not use your Gmail content for training our Gemini AI model."

Key Points in Google's Defense

1. Settings were NOT secretly changed - they've existed since 2020
2. Smart Features are NOT new - they've been working for years
3. Gmail content does NOT train Gemini - only used for personalization
4. Scanning is for user features, not AI training

The Semantic Problem

Google kept the term "Smart Features" from 2020. But in 2026, the word "Smart" is irrevocably linked to "Generative AI" in consumers' minds.

As Malwarebytes noted in a later correction:

"It was a perfect storm of misunderstandings. The way Google rewrote and presented the options created confusion."

The result: millions of users assumed Google had enabled something new related to Gemini, when technically the features had existed for years.

The Broader Legal Context

This lawsuit doesn't exist in a vacuum. It's part of a growing trend of scrutiny over how Big Tech uses our data for AI.

Similar Recent Cases

Meta/Facebook/Instagram (2025):

• Noyb (Austrian privacy group) sent cease-and-desist letter in May 2025
• Meta planned to use EU user data to train AI
• After regulatory pressure, backed down in Europe

LinkedIn/Microsoft (2025):

• Since November 2025, LinkedIn uses US user data to train AI
• No prior notification to users
• In UK, after ICO pressure, LinkedIn backed down

OpenAI (multiple lawsuits):

• The New York Times and other media sued for using articles without permission
• OpenAI argues "fair use" under copyright law

Relevant Regulations

In California (where this lawsuit was filed):

• CCPA: Fines of $2,500 per unintentional violation, $7,500 per intentional violation
• AB 2013 (effective January 2026): Requires AI developers to publish summary of datasets used
• Each affected user counts as a separate violation

In Europe:

• GDPR: Fines up to 4% of global revenue
• Requires explicit and informed consent BEFORE processing personal data

The irony: if you live in Europe, you have more protection than the 130 million American users affected by this lawsuit.

The Numbers You Should Know

To put this in perspective, here are the key Gmail statistics:

Gmail User Demographics

• Primary age group: 25-34 years (30.12%)
• Mobile vs desktop usage: 85% mobile, 15% desktop
• Average daily time: 28 minutes
• Times checking inbox/day: 12 times
• US startups using Gmail: 90%

Controversy Impact

• A viral post on the topic reached 6.7 million views
• Spread massively on Facebook and Reddit
• Predominant reaction: "fatigue more than shock"

Privacy fatigue is real: users are so accustomed to this news that they're no longer surprised.

Gmail Alternatives If You Want More Privacy

If after reading all this you decide you want to migrate, here are the best privacy-focused alternatives:

Proton Mail

Pros:

• End-to-end encryption by default
• Based in Switzerland (outside EU/US jurisdiction)
• Doesn't scan emails for anything
• Free plan available

Cons:

• Less polished interface than Gmail
• Limited integration with other apps
• Free plan with limited storage

Price: Free / Plus from €3.99/month

Tuta (formerly Tutanota)

Pros:

• End-to-end encryption
• Based in Germany (strict privacy laws)
• Open source
• Very affordable

Cons:

• Fewer features than Gmail
• No integration with external calendars

Price: Free / Premium from €3/month

FastMail

Pros:

• No advertising or content scanning
• Excellent interface
• Calendars and contacts included
• Custom domains

Cons:

• No end-to-end encryption by default
• No free plan
• Based in Australia (Five Eyes)

Price: From $3/month

My Recommendation

If you ask me directly: Proton Mail is the best alternative for most users concerned about privacy. It combines real security with a decent user experience.

But let's be honest: migrating from Gmail is a project. You have years of emails, contacts, linked subscriptions... It's not something you do in an afternoon.

What to Expect From the Legal Case

The Thele v. Google case is still in its early stages. Here's what we know about the process:

Next Steps

1. February 4, 2026: Case Management Statement
2. February 11, 2026: First case conference (video conference)
3. TBD: Decision on class certification

Possible Outcomes

Scenario 1: Google wins

• Court accepts that Smart Features existed since 2020
• There was no "secret" settings change
• Lawsuit dismissed

Scenario 2: Out-of-court settlement

• Google pays compensation to affected users
• Modifies consent practices
• Improves settings transparency

Scenario 3: Plaintiffs win

• Google could face billions in fines
• Obligation to switch to opt-in in US
• Legal precedent for similar cases

Historically, most of these cases end in out-of-court settlements. Google prefers paying over establishing unfavorable legal precedents.

Conclusion: What You Should Do Now

After analyzing all the information, here's my verdict on what you should do:

If You're Concerned About Privacy

1. Today: Disable Smart Features following the tutorial above
2. This week: Review what data Google has on you at myaccount.google.com
3. This month: Consider whether it's worth migrating to an alternative like Proton Mail

If You Don't Care Much

Honestly, Smart Features are useful. If the privacy vs. convenience trade-off doesn't keep you up at night, you can keep using them. Google says it doesn't train Gemini with your emails, and for now there's no evidence to the contrary.

The Uncomfortable Reality

Every time we use "free" Big Tech services, we pay with our data. Gmail isn't free - you pay for it with your information. The question isn't whether Google uses your data (it does), but how much you're willing to tolerate.

This legal case won't change that fundamental reality. But it may force companies to be more transparent about exactly what they do with our information.

And that, at least, is a step in the right direction.

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Have you disabled Gmail's Smart Features? Or do you prefer convenience over privacy? The decision is yours - but now you have all the information to make it informed.