Erie County Legislator Joe Lorigo has introduced a local law titled the Internet Devices Privacy Act to protect consumers in Erie County from unknowingly having their information and private information recorded and stored by devices.

Many devices, such as Amazon Echo, Google Home, and Apple products have “always on” microphones listening for audio cues to determine when to begin recording. (A recent article on the topic can be found here). Typically, these devices are simple to set up and people are not aware that they are being regularly recorded. In order to ensure owners are not being recorded without their permission, Legislator Lorigo’s law would require device manufacturers to disclose the following information:

• that the microphone in the digital device will be turned on or enabled;
• what command or action will turn on or enable the microphone;
• the categories of sounds the microphone will be listening for, recording, or disclosing;
• third parties to which the sounds may be disclosed; and
• the terms under which any personally identifiable information may be retained by the private entity.

Legislator Lorigo said, “Unfortunately, many people are unaware they are constantly being recorded by these popular devices. With the rise in technology, this becomes a growing privacy concern. Once signed into effect, the law would force companies to be more transparent with consumers who often unknowingly submit to having their information recorded and stored. I am hoping we can have the necessary conversations at the Legislature in order to move forward with this measure to protect the public.”

The law would be enforced by the Erie County Department of Weights and Measures, or the County Executive’s proposed Consumer Protection Office. Those who violate the law would be subject to a $1,000 fine for the first offense, $5,000 for the second, and no more than $10,000 for subsequent offenses.

A copy of the proposed law can be found here.