A class-action lawsuit has been filed against Apple as a result of its Siri recordings which came to light last week. The suit was filed on behalf of a minor and other individuals who were in the same situation.
Apple was criticised for not explicitly telling users that it would be transmitting audio recorded on the phone on to third-parties, nor did it allow them an option to opt-out if they wanted to without losing access to Siri.
It argues that the users had no genuine informed consent, in this case, saying:
At no point did Plaintiffs consent to these unlawful recordings. Apple does not disclose that Siri Devices record conversations that are not preceded by a wake phrase or gesture. Plaintiffs Lopez and A.L., therefore, did not agree to be recorded by their Siri Devices, respectively. Moreover, Apple could not have obtained consent from Plaintiff A.L., a minor without an Apple account.
Apple’s privacy-first stance also becomes a bludgeon against it in this instance. “If an individual were to ask Siri “Hey Siri, are you always listening” Siri is programmed to respond: “I only listen when you’re talking to me,” the lawyers note. That Siri records snippets of the audio outside of these moments and transmits them appears to be against what one would ordinarily expect.
The plaintiffs seek for Apple to delete said recordings and for the court to award damages where necessary.