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The policy states that when a device detects a voice activation command such as 'Hey Google,' Google records the user's voice and audio including a brief period of audio captured before the activation command was detected.
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This provision establishes that Google's voice activation system captures audio content recorded before the user's intentional activation command, which constitutes passive audio collection. This practice is relevant to wiretapping statutes, biometric privacy laws, and consumer protection frameworks in certain jurisdictions.
The updated policy makes several material clarifications about how Google links your activity across websites and apps. It shifts from describing analytics tools in isolation to framing them as part of a broader 'ad and analytics services' ecosystem, and broadens the scope of data linking to explicitly include 'cookies and other technologies'. The policy also clarifies that data sharing occurs even in private browsing modes. Review your Google Account activity controls to understand what data is being collected and linked across services you use.
View change record →Under this clause, devices with Google Assistant enabled capture and transmit to Google a short audio buffer recorded before the user says the activation phrase, in addition to the command itself. Users can manage microphone access through device-level settings.
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"When your device detects an audio activation command, like 'Hey Google,' Google records your voice and audio plus a few seconds before the activation.Excerpt from YouTube Ads's Google Privacy Policy
1. REGULATORY LANDSCAPE: This provision implicates state wiretapping and eavesdropping statutes, including California's Invasion of Privacy Act (CIPA) and similar two-party consent recording laws in multiple states. It also engages Illinois BIPA if voiceprints are derived from collected audio, and GDPR Article 9 if audio data constitutes biometric data used to identify individuals. FTC Act Section 5 is relevant to the adequacy of disclosure regarding pre-activation recording. 2. GOVERNANCE EXPOSURE: High. The disclosure of pre-activation audio capture is a material consumer-facing statement. The practice's compliance with state wiretapping statutes depends on whether the policy disclosure constitutes adequate consent under applicable law, which varies by jurisdiction. Illinois BIPA and similar biometric laws may apply if voiceprints are derived from the collected audio. 3. JURISDICTION FLAGS: California, Illinois, and other states with two-party consent recording laws create heightened exposure. Illinois BIPA applies if biometric identifiers including voiceprints are derived from audio collections. EU/EEA users are subject to GDPR requirements for processing biometric data, which requires explicit consent under Article 9 if audio is used to identify individuals. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations deploying Google Assistant-enabled devices in workplaces should assess whether the pre-activation audio capture described in this provision is compatible with employee privacy expectations and applicable employment law in relevant jurisdictions. Procurement of Google Home or Nest devices for business environments may require updated privacy notices to employees. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the policy disclosure of pre-activation recording satisfies consent requirements under applicable state recording statutes. Device-level settings for microphone access should be reviewed as a mitigation. Organizations in Illinois should evaluate BIPA applicability if Google Assistant is deployed in employee-facing contexts.
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This provision establishes that Google's voice activation system captures audio content recorded before the user's intentional activation command, which constitutes passive audio collection. This practice is relevant to wiretapping statutes, biometric privacy laws, and consumer protection frameworks in certain jurisdictions.
Under this clause, devices with Google Assistant enabled capture and transmit to Google a short audio buffer recorded before the user says the activation phrase, in addition to the command itself. Users can manage microphone access through device-level settings.
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