Privacy concerns are mounting over the widespread collection of television viewing data by Samsung, LG Electronics and other major smart TV manufacturers, with a new class action alleging that consumers are being monitored inside their own homes without their informed consent.

Samsung has become the latest major television manufacturer to face legal action over allegations that its smart TVs secretly capture and analyse what consumers watch, as questions mount over similar data collection practices already operating across millions of televisions in Australian homes.

The South Korean technology giant has been hit with a proposed class action in the United States, with consumers accusing Samsung of using its Tizen smart TV operating system to monitor viewing habits and turn the information into commercially valuable advertising profiles.

The allegations closely mirror privacy concerns previously raised about LG Electronics and its webOS platform, which has faced scrutiny over the collection of viewing information and the commercial exploitation of consumer data.

The Australian connection is significant.

Samsung and LG are among Australia’s biggest television brands, while Hisense, TCL and Sony also sell internet-connected televisions incorporating technologies capable of collecting information about viewing activity.

Automatic Content Recognition (ACR) technology is already used in the Australian television market, allowing manufacturers and their advertising partners to identify what consumers are watching, including content delivered through conventional television broadcasts, streaming platforms and connected devices.

The technology is not limited to Samsung and LG.

Hisense operates its VIDAA smart TV platform, while Sony and TCL sell televisions using Google’s television operating systems, although the data collection arrangements, consent mechanisms and advertising relationships differ between manufacturers and models.

The existence of these technologies does not establish that every manufacturer engages in the precise conduct alleged against Samsung, but it raises broader questions about what Australian television owners are told about the collection and commercial use of their viewing information.

Samsung Accused Of Monitoring TV Screens Twice Every Second

According to an 88-page complaint filed in the US District Court for the Northern District of California, three Samsung television owners, Danielle Tillery, Michael Walsh and David Rosenberg, allege the company collected information about their viewing activity without obtaining meaningful consent.

The consumers purchased Samsung smart TVs between 2014 and 2021.

They allege Samsung uses ACR technology to capture and analyse what appears on television screens approximately twice every second.

The captured information is converted into a digital fingerprint that can be matched against known programming and other content.

According to the complaint, the technology can identify viewing activity across traditional television broadcasts, cable services, streaming platforms and devices connected through HDMI ports.

That potentially extends beyond conventional television viewing to gaming consoles and other devices connected to a smart TV.

The plaintiffs allege this information is subsequently combined with device identifiers and other data to develop consumer profiles that can be used for targeted advertising.

They further claim that Samsung does not adequately disclose the extent of its monitoring or how information may be shared with third parties.

The allegations have not been established by the court.

Consent Or Cleverly Disguised Surveillance?

At the centre of the legal dispute is whether consumers genuinely understand what they are agreeing to when they activate a new television.

Samsung describes certain data-related features through settings associated with viewing information and personalised recommendations.

The plaintiffs argue these descriptions fail to communicate the full extent of the alleged data collection and its commercial purpose.

They accuse Samsung of using misleading disclosures and interface design to secure consent that consumers might otherwise refuse.

In their complaint, the plaintiffs describe a system of surveillance built around ACR technology and allege Samsung has disregarded years of warnings about the privacy implications of smart television monitoring.

Their lawyers, Sonjay Singh of Siri Glimstad and Andrew Ready Tate of Privacy Rights Law, argue that consumers should not have to surrender detailed information about their household viewing habits simply because they purchased a television.

The plaintiffs claim they would not have purchased their Samsung televisions, or paid the same prices, had they understood how their viewing information would allegedly be collected and used.

The lawsuit contains 14 causes of action, including alleged invasion of privacy, negligence, unjust enrichment and breaches of various US federal and Californian privacy and consumer protection laws.

The consumers are seeking damages and an injunction preventing Samsung from collecting viewing information through ACR without clear, separately disclosed consent.

Samsung had not provided a response to the allegations in the material available at the time of writing.

LG Electronics Has Already Faced Similar Questions

The Samsung lawsuit follows growing criticism of LG Electronics over data collection associated with its webOS smart television operating system.

LG has invested heavily in transforming webOS from a television interface into a connected advertising and content platform.

The company’s advertising operations can use viewing information to help advertisers understand audiences and deliver targeted campaigns.

That commercial model has attracted criticism from privacy campaigners and technology investigators concerned about the extent to which smart televisions can monitor household viewing activity.

The issue is particularly relevant in Australia, where LG has an extensive installed base of webOS televisions.

Consumers buying these products are not simply purchasing a television display. They are also acquiring an internet-connected platform capable of supporting advertising, content recommendations and audience measurement.

For both Samsung and LG, advertising represents an opportunity to generate revenue long after a television has been sold.

Unlike traditional television manufacturing, where much of the commercial return is realised at the point of sale, connected television advertising can provide recurring revenue throughout the life of the device.

That creates a powerful commercial incentive for manufacturers to understand what viewers watch, how frequently they watch it and which advertising messages are most likely to reach them.

The critical question is whether consumers are given sufficiently clear information and meaningful control over that collection.

At this stage both Australian retailers and manufacturers appear to be not telling consumers that the product they are purchasing will capture data on their private viewing and home activities.