The bill will place limits on the use and retention of personal information collected through connected TVs and smart speaker devices.

The recently passed AB-1262, an update to an existing bill, adopts the same definition of “personal information” used in the California Consumer Privacy Act (CCPA), whilst separately defining “affirmative written consent.”

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 de-identified);

  • Sharing such recordings or transcriptions, unless de-identified, 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.

Companies found violating the law could be fined up to $2,500 per connected TV or smart device sold or leased to consumers. 

Since passing the Assembly, the bill must now pass the Senate and be signed into law by the Governor.

To learn more about America’s evolving data privay laws make sure to register your place at PrivSec Global to hear Camila Tobón, Of Counsel, Davis Graham & Stubbs LLP, discuss “USA and the Developing Nature of Privacy Law.” on June 22 at 4pm.

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