Ok Google or Not Ok Google?—Voice Assistants and the Protection of Privacy in Families

Abstract

Voice assistants, such as Alexa, Siri or the Google Assistant have become a fixed component in the everyday life of many. However, their use gives rise to several questions in the context of data protection. This chapter provides an overview of the function of voice assistants and the international, European and national legal framework that regulates them. The focus lies on the implications of the use of voice assistants, especially when considering the right to privacy of children towards their parents, as a special case of horizontal effects of fundamental rights between private individuals. In the context of a possible future and existing state regulation, the right of parents to educate their children, as well as the fundamentally required restraint of the state in family matters must be taken into account. New legislation in the area of digital services and AI could help to improve the protection of personal data in this area in the future. Evaluations from other, at first glance similar, cases such as smart toys or dash cams, can only be transferred to a limited extent.