Texas has secured an agreement with Samsung that protects citizens’ data from being collected without their knowledge or consent.

Samsung Electronics America Inc. is one of five companies that have been accused by Attorney General Ken Paxton of collecting and monetizing consumers’ viewing data on smart TVs.

Following the agreement, Samsung will now make changes to not only halt the collection of viewing data without consent, but also update their TVs to include disclosures and consent screens. 

Paxton has commended Samsung on being one of the first smart TV companies in the world to make these changes that will protect the privacy of Texans.

“Texans must be fully informed about whether their data is collected and be in full control of how it’s used,” said Paxton. “The changes outlined in this agreement help accomplish both of those aims and are an important step forward in reforming smart TV manufacturers’ data collection practices.”  

The original lawsuit against Samsung alleged that they began using Automated Content Recognition (ACR) technology in 2013.

According to the suit, Samsung outsourced the operations of the technology to other companies before creating their own in-house ACR and embedding it within their Smart TVs.

“Samsung’s ACR monitors consumers by capturing audio and video from the more than 73 million Samsung Smart TVs in the U.S. every 500 milliseconds,” stated the lawsuit. “Samsung employs this tracking across all devices connected to the Samsung Smart TV, capturing raw data about not just the native streaming apps or built-in channels, but also external inputs such as cable, satellite, HDMI devices, gaming consoles, even if the Smart TV [is] used simply as a monitor for the laptop.”

Paxton argued that Samsung’s actions violated the Texas Deceptive Trade Practices Act, as it misrepresented the collection of personal information and failed to disclose the presence of ACR technology.

Sony, LG, Hisense, and TCL Technology have been sued by Paxton on similar grounds. He has raised additional concerns with Hisense and TCL Technology due to their connections to China.

The litigation with these four companies remains ongoing.

Samsung told Texas Scorecard that they shared Paxton’s goal of promoting transparent “consumer-friendly privacy practices.”

“While we maintain our original television privacy policy and notices followed existing Texas state regulations, as a trusted brand, Samsung is proud to be at the forefront of protecting consumer privacy and security,” a Samsung spokesperson wrote. “The settlement affirms what Samsung has said since this lawsuit was filed – Samsung TVs do not spy on consumers. In fact, Samsung allows you to control your privacy – and change your privacy settings at any time.” 

We hope our updated language will provide additional reassurance to our customers and serve as a new standard for others in the television industry,” the spokesperson added.

Addie Hovland

Addie Hovland is a journalist for Texas Scorecard. She hails from South Dakota and is passionate about spreading truth.

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