Smart (CA) TVs Are Listening: California Assembly Passes Voice Recognition Device Bill Headed to Senate

The California Assembly recently passed AB-1262 updating an existing law to further limit the use of personal information collected through connected TVs and smart speaker devices. Specifically, the bill prohibits:

Operating a voice recognition feature of a connected TV or smart speaker without informing the consumer of the feature during setup or installation;

Using any recording or transcription collected through the feature that qualifies as personal information for any advertising purpose (unless deidentified);

Sharing such recordings or transcriptions, unless deidentified, with a third party without the consumer’s affirmative written consent; and

Retaining such non-deidentified recordings or transcriptions electronically without the consumer opting in to such retention during installation or otherwise in the device settings.

The bill adopts the same broad definition of “personal information” that is in the CCPA and separately defines “affirmative written consent,” detailing the specific language required for such consent. “Smart speaker devices” do not include cell phones, tablets, laptops with mobile data access, pagers, or motor vehicles.

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