What's happening
This bill requires manufacturers of voice recognition devices to inform users about recording, prohibits sale or use of recordings for advertising, and sets penalties for violations.
Why it matters
Strengthens consumer awareness and consent. By requiring manufacturers to prominently inform users during device setup that voice recordings may be made and retained, the law aims to ensure people understand the privacy risks of their connected devices and make informed choices.
Shields personal voice data from commercial exploitation. The bill explicitly prohibits manufacturers and their third-party contractors from selling or using any voice recordings for advertising, reducing the risk that conversations and personal information could be monetized or used to target users.
Limits legal exposure for device makers regarding third-party apps. Manufacturers are not held liable for voice recording practices of third-party apps that users choose to install, clarifying responsibility and potentially encouraging users to be more cautious about the apps they add.
Empowers the state to enforce privacy protections. The attorney general is authorized to seek injunctions, actual damages, and civil penalties for violations, providing concrete legal consequences for companies that violate these privacy rules and thus incentivizing compliance.
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Who cares
Headline styles
Limit Voice Recording Devices
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1204
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the use of voice recognition features
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new article 32-A to read as follows:
ARTICLE 32-A
VOICE RECOGNITION FEATURES Section 676. Use of voice recognition features in products.
§ 676. Use of voice recognition features in products. 1. For purposes of this section, the following definitions shall apply:
(a) "Connected device" shall mean a television, video game console as defined in section three hundred ninety-six-kk of this chapter, computer as defined in section three hundred ninety-two-a of this chapter, computer accessory as defined in section three hundred ninety-two-a of this chapter, internet-capable device as defined in section five hundred thirty-eight-b of this chapter, or a toy as defined in paragraph (d) of this subdivision.
(b) "User" means a person who originally purchases, leases, or takes ownership of a connected device. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.
(c) "Voice recognition feature" means the function of a connected device that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds.
(d) "Toy" means any product designed or intended by the manufacturer to be used by children or adults for amusement or play.
2. (a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05223-01-9
S. 1204 2
during the initial setup or installation of a connected device, either the user or the person designated by the user to perform the initial setup or installation of the connected device of the functions of the device, that the device may be recording the user, and that the entity that makes the device may be retaining such recordings.
(b) Any recordings collected through the operation of a voice recognition feature by the manufacturer of a connected device shall not be sold or used for any advertising purposes.
(c) Any recordings collected through the operation of a voice recognition feature by a third party contracting with the manufacturer of a connected device shall not be sold or used for any advertising purposes.
(d) The manufacturer of a connected device shall not be liable for functionality provided by third party applications that the user chooses to use or are downloaded and installed by a user.
3. Nothing in this section shall be construed to authorize disclosure of any recordings retained by the manufacturer to any individual or entity, including a law enforcement agency, or any officer, employee, or agent of such agency, unless otherwise authorized by law or pursuant to a judicial order.
4. (a) Whenever the attorney general shall believe from evidence satisfactory to him or her that there is a violation of this section, he or she may bring an action in the name and on behalf of the people of the state of New York, in a court of competent jurisdiction to enjoin and restrain the continuation of such violation. In such action, preliminary relief may be granted under article sixty-three of the civil practice law and rules. In such action, the court may award damages for actual costs or losses incurred by the consumer. Whenever the court shall determine in such action that a person or business violated this section, the court may impose a civil penalty of two thousand five hundred dollars per violation.
(b) The remedies provided by this subdivision shall be in addition to any other lawful remedy available.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to the use of voice recognition features
Purpose
To regulate voice recognition features in Internet-connected devices. As technology continues to evolve, it is important that customers are informed that their privacy may be violated.
Summary of provisions
Section one of the bill amends the general business law by adding a new article 32-a to regulate voice recognition features.
Specifically, it would set forth definitions to be used in this section and would require that device users be notified that they are using voice recognition features on their connected devices. Recordings collected by manufacturers or by third parties through voice recognition features would be prohibited from being sold or used for advertising purposes. The Attorney General is authorized to bring an action for any violation of this section.
Section two of the bill provides the effective date.
Justification
Companies that manufacture internet-capable devices such as cell phones and televisions may record a user's voice without an individual's consent if the product contains voice recognition software. Manufactur- ers should not be allowed to sell such voice recordings for a profit or use them for advertising purposes. Similar consumer protection legis- lation has been enacted in California to outlaw this practice.
Under this legislation, manufacturers of smart TVs and other electronic devices would be required to inform customers about the voice-recogni- tion features during initial device setup or installation. The sale or use of any speech captured by voice-recognition technology for sale for profit or for advertising purposes would be barred. Enforcement would be through the Office of the Attorney General.
The legislation limits manufacturer liability to the functionality available at the point of sale, so that any applications installed or downloaded by a customer after sale would not be covered under this bill.
Legislative history
2018: S.856/A.724B
Fiscal implications
None.
Effective date
Takes effect one hundred and twenty days after it become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.