A marketing team within media giant Cox Media Group (CMG) claims it has the capability to listen to ambient conversations of consumers through embedded microphones in smartphones, smart TVs, and other devices to gather data and use it to target ads, according to a review of CMG marketing materials by 404 Media and details from a pitch given to an outside marketing professional. Called “Active Listening,” CMG claims the capability can identify potential customers “based on casual conversations in real time.”
ToS and EULAs do not override local laws.
I get that, but the person I replied to said “digital trespassing.” In my mind, that’s like physical trespassing in that they can’t enter your house (or collect data) without your consent. But if the EULA has the consent backed in it, the user agrees…then it’ll probably be legal.
One of the nice things about GDPR is that the consent must be given freely, with no detriment for refusal.
You can’t say “agree to this or you can’t use our product”.