When you use voice input in Windsurf, the audio recording is processed and then deleted, but the text transcription generated from your voice is retained and treated the same as other usage log data.
This analysis describes what Windsurf's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The policy states that voice audio is discarded after processing, but the text transcriptions derived from voice input are retained as Log and Usage Information, which is subject to AI training and other described data uses.
Interpretive note: Whether voice audio processing for transcription triggers biometric data protections under BIPA or GDPR depends on jurisdiction-specific definitions and whether the processing is used to identify individuals, which is not specified in the document.
Voice-derived text transcriptions are retained as Log and Usage Information under this policy, meaning the content of voice commands is subject to the same data uses as other log data, including potential AI model training, even though the audio recording itself is discarded.
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"Our Services allow you to input your voice to generate Prompts and other text transcriptions. We process your voice audio to convert it into Prompts and other text transcriptions and then discard the audio after the processing is complete. We retain and use audio text transcriptions as Log and Usage Information.— Excerpt from Windsurf's Windsurf Privacy Policy
REGULATORY LANDSCAPE: Voice data and biometric data are subject to heightened protections under certain state laws, including the Illinois Biometric Information Privacy Act (BIPA) and the Texas Capture or Use of Biometric Identifier Act. The policy states audio is discarded after processing, which may reduce BIPA exposure, but the retention of text transcriptions as log data should be evaluated under applicable definitions. GDPR's definition of biometric data in Article 4(14) may apply to voice processing depending on whether the processing is used to uniquely identify individuals. GOVERNANCE EXPOSURE: Medium. The discard of raw audio after processing is a privacy-protective practice relative to long-term audio retention. However, the retention of text transcriptions as Log and Usage Information, which is then used for AI training, means the substantive content of voice input is retained and used. Illinois and Texas biometric privacy statutes create heightened exposure for companies collecting or processing voice data. JURISDICTION FLAGS: Illinois BIPA creates the most significant exposure for voice data collection; teams should assess whether audio processing for transcription falls within BIPA's definition of biometric identifiers or biometric information. Washington State's My Health MY Data Act and other state biometric laws may also be relevant. EEA users' voice data may be subject to GDPR biometric data protections. CONTRACT AND VENDOR IMPLICATIONS: Enterprise deployments in Illinois or involving Illinois-based employees should specifically assess whether Windsurf's voice processing pipeline triggers BIPA obligations, including written consent and public policy requirements. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the audio processing and transcription retention workflow requires specific consent mechanisms, particularly for users in Illinois, Texas, and Washington. Data retention schedules should address voice-derived transcription data as a distinct category.
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The policy states that voice audio is discarded after processing, but the text transcriptions derived from voice input are retained as Log and Usage Information, which is subject to AI training and other described data uses.
Voice-derived text transcriptions are retained as Log and Usage Information under this policy, meaning the content of voice commands is subject to the same data uses as other log data, including potential AI model training, even though the audio recording itself is discarded.
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