La Grange, KY asked in Communications Law for Kentucky

Q: Are programs allowed to record your voice without consent? How would I go about pursuing legal action?

Hello, I wanted to inquire about something if you have the time. (Sorry if this is the wrong place to ask this question) Yesterday my friend and I were playing a game, and we noticed something concerning. The game seems to be always taking voice input from the player, even if you were to "mute" it in game. The game still records your voice, the way we originally noticed this was our players mouth moving with our microphone input "muted" in the game. Other people can not hear you, however the game still records your audio. I believe this is a privacy infringement and maybe even a threat to security. I have looked through their terms of service a bit and could find nothing about the users microphone input being recorded. It does not specify microphone input, but instead says chat services. I was wondering your opinions on this. I did a little research on the laws and it seemed illegal but I'm no lawyer, and I also don't know how serious this would be. Thank you for your time.

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1 Lawyer Answer
Eddie Burnett
Eddie Burnett
Answered
  • Communications & Internet Law Lawyer
  • Fountain Valley, CA

A: Check the software/company's terms of service or privacy policy to see if they disclose anything about recording voice data and check your state/country's laws on recording to be sure you have a solid claim.

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