Smart TVs (CA) Listen: California Assembly Passes Senate Speech Recognition Bill


Smart TVs (CA) Listen: California Assembly Passes Senate Speech Recognition Bill

The California Assembly was recently passed AB-1262 update an existing law to further limit the use of personal information collected through smart TVs and smart speakers. More specifically, the bill prohibits:

  • Use a voice recognition function of a connected TV or smart speaker without informing the consumer of the function during configuration or installation;
  • Use of any recording or transcription collected through the feature that is considered personal information for advertising purposes (unless it is unidentified);
  • Share such recordings or transcripts, unless they are de-identified, with a third party without the affirmative written consent of the consumer; and
  • Retain such non-electronically de-identified recordings or transcriptions without the consumer agreeing to such retention during installation or otherwise in device settings.

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

California consumers would not have a private cause of action, but the state AG or district attorney would have the power to seek penalties of up to $ 2,500 per connected TV or smart device sold or leased that is breaking the law. After passing the Assembly, the bill will now have to pass through the Senate and be signed by the Governor to become law. The bill was recently referred to the Senate Judiciary Committee for review.

This bill indicates that the state continues to focus on protecting consumer privacy, as lawmakers continue to consider the privacy implications of smart devices and other technologies, as well as the variety of ways businesses use data for advertising purposes. We will continue to monitor the legislation and provide updates.

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