Governor Andrew M. Cuomo today announced a proposal to
require companies to prominently disclose information about devices that can
record and retain and transmit recordings, such as smartphones, smart speakers
and smart TVs. The Governor will propose legislation requiring the disclosure
so that New Yorkers can make informed decisions when they choose to buy an
internet-connected device that is capable of recording, and so that written
warnings about recording are not hidden or written in small print. The bill
would require that smart devices disclose that they are recording their owners
before a device is set up, so that owners can manage their settings
accordingly.
"We've all heard reports of smart speakers and other
connected devices recording people without their knowledge, and that
possibility raises important questions about privacy for the future," Governor
Cuomo said. "This legislation requires the makers of these devices to
disclose the facts so New Yorkers can make informed decisions about the
capabilities of what they buy. Everyone has a right to know the facts about the
devices they buy, and those facts should be prominently displayed, not hidden
in the fine print."
Over 80 percent of Americans own a smartphone or other
digital assistant device, the vast majority of which are equipped with internal
microphones or other audio recording capabilities. A 2019 Pew Research survey
revealed that beyond smartphones, a quarter of U.S. adults also have
voice-controlled smart speakers in their phones.
54 percent of smart speaker owners express worry about how much of their personal audio information is collected and 66 percent reject better personalization of smart speaker recommendations if it means more of their personal data is collected. These statistics demonstrate that consumers who are educated are empowered to make decisions that are appropriate for their personal privacy and will ensure this legislation benefits New Yorkers.