Senators Raise Smart TV Privacy Concerns

If you have privacy concerns about what information your smart TV is gathering and how it’s being used, you’re not alone.

The seriousness of the issue was illustrated last year when Vizio paid more than $2 million to settle charges by the Federal Trade Commission (FTC) and New Jersey’s Office of The Attorney General that it installed software to collect viewing data from 11 million smart TVs without consumers’ knowledge or consent.

In a recent letter to FTC chairman Joseph Simons, U.S. senators Edward J. Markey of Massachusetts and Richard Blumenthal of Connecticut expressed concern over “consumer privacy issues raised by the proliferation of smart-TV technology” and asked the agency to investigate the privacy policies and practices of smart TV manufacturers.

“While the evolution of the smart TV has ushered in a new era of innovation and interactivity, we must ensure that these technological advancements do not come at the expense of our privacy,” the senators wrote. “We request that the Federal Trade Commission (FTC) continue its previous work on smart TVs and launch an investigation into the privacy policies and practices of smart TV manufacturers.”

The letter went on to describe how many internet-connected smart TVs are equipped with technology that can track what viewers are watching and use that information to not only deliver targeted advertisements but to assemble “detailed dossiers of individual users,” including political party affiliation based on whether they watch conservative or liberal leaning shows (think Fox vs. CNN).

Citing the recent New York Times article “How Smart TVs in Millions of U.S. Homes Track More Than What's On Tonight, the senators noted that advertisements can be sent to computers, phones, and other devices that share the same internet connection as the smart TV.

“Regrettably, smart TV users may not be aware of the extent to which their televisions are collecting sensitive information about their viewing habits,” the senators wrote. “Recent reports suggest that Samba TV, one of the largest companies tracking smart TV users' viewing behavior, offers consumers the opportunity to enable their tracking service, but does not be provide sufficient information about its privacy practices to ensure users can make truly informed decisions.

“For example, when prompting consumers to opt-into their 'Interactive TV' service, Samba TV denotes that that the service allows users to obtain ‘exclusive content and special offers,’ but does not clearly convey how much sensitive information about a user will be collected or whether the data will be used for targeted advertisements across different devices.”

The letter cited Vizio’s 2017 FTC settlement as well as Congressional amendments to the Communications Act of 1934 that require cable operators and satellite carriers to “receive consent prior to the collection or disclosure of this sensitive information” and noted that these protections do not cover data companies that use internet connections to track TV viewing habits.

“Televisions have entered a new era, but that does not mean that users' sensitive information no longer deserves protection,” the letter concluded. “The content consumers watch is private, and it should not be assumed that customers want companies to track and use information on their viewing habits. Any entity collecting and using sensitive information should comprehensively and concisely detail who will have access to that data, how that data will be used, and what steps will be taken to protect that information. Users should then be given the opportunity to affirmatively consent to the collection and use of their sensitive information, while still having access to the core functions of smart TV technology.”

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