New law prohibits smart TVs from spying on users without consent

Kentucky Governor Andy Beshear has signed legislation requiring tech companies to ask for consumers’ consent before collecting data on the content they watch on smart TVs.

The legislation, H.B. 692, amends the Kentucky Consumer Data Protection Act (KCDPA) by adding specific definitions for automated content recognition (ACR) data and smart monitors.

ACR data is real-time data on content watched by consumers on smart TVs and smart monitors. It is collected using ACR technology embedded in the device and is used to track viewing habits and for copyright protection. It can also be sold to third parties.

The legislation’s definition of ACR data includes content received through broadcast, cable, satellite, or streaming services, or through external inputs, using digital fingerprints, watermark detection, or similar comparison techniques.

A 2025 study found that ACR on Samsung and LG smart TVs captures screenshots of what viewers are watching on live TV many times per second. For example, an LG TV may be capturing 48,000 snapshots per second.

Moreover, the study found that TVs do the same when content is being played through an external device such as a laptop.

Researchers noted that while users can opt out of their content being spied on, ACR is configured in “extremely complex” ways and requires users to opt out of several advertising and tracking settings.

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Texas Attorney General Ken Paxton filed lawsuits against five major TV manufacturers – Samsung, Sony, LG, TCL, and Hisense – in December 2024, alleging they unlawfully collected personal data through ACR, calling it “an uninvited, invisible digital invader.”

Samsung reached a settlement with Texas in February 2026, promising to ensure it will no longer collect ACR data without consumer consent.

According to Kentucky’s H.B. 692 legislation, ACR data will be treated as sensitive, the category that includes data indicating racial or ethnic origin, sexual orientation, or citizenship or immigration status, among others.

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