Kentucky Passes Smart TV Privacy Bill: Automatic Content Recognition Data Now Requires Consent

Summary

The Kentucky House of Representatives unanimously passed HB 692 on March 16, 2026, classifying automatic content recognition (ACR) data collected by smart TVs as sensitive data under the state's consumer privacy law. The bill, now advancing through the Senate, would require opt-in consent before manufacturers or streaming services collect viewing behavior data. If signed, the law takes effect July 1, 2027.

Key Details

HB 692, sponsored by Representative Josh Branscum (R-Russell Springs), amends the Kentucky Consumer Data Protection Act to define "automatic content recognition" and "smart monitor" and to include ACR data in the definition of "sensitive data." ACR technology tracks what users watch on smart TVs and monitors, feeding that data into streaming metrics, personalized advertising, and content recommendation systems.

Under Kentucky's existing privacy law, sensitive data cannot be collected without consumer consent. By reclassifying ACR data as sensitive, HB 692 creates an opt-in requirement for all smart TV viewing data collection. Consumers must affirmatively agree before manufacturers or streaming platforms can harvest their watching habits.

The bill passed the House unanimously and moved to the Senate, where it was posted for passage in the March 31 consent orders. Companies would have approximately 15 months to implement consent mechanisms before the July 2027 effective date.

Why This Matters

ACR data is one of the most valuable and least understood data streams in consumer electronics. Most smart TV users are unaware that their television tracks every piece of content displayed on screen - not just streaming apps, but broadcast TV, gaming, and content from external HDMI-connected devices.

Kentucky's move follows growing regulatory attention to smart TV surveillance. The FTC fined Vizio $2.2 million in 2017 for collecting ACR data without consent, but federal regulation has not kept pace with the technology. State-level action like HB 692 fills that gap. If similar bills follow in other states, opt-in consent requirements could dramatically reduce the volume of viewing data available for ad targeting.

Smart TV manufacturers, streaming platforms, and advertising networks relying on ACR data from Kentucky consumers will need to build opt-in consent flows into device setup and app onboarding processes.

For businesses that collect consumer consent across multiple touchpoints - including digital intake forms, waivers, and connected devices - Kentucky's expansion of sensitive data categories is a signal that consent workflows must adapt as new data types fall under regulation.

Sources

• Troutman Pepper - Proposed State Privacy Law Update: March 16, 2026
• Kentucky Legislature - HB 692 Official Record
• LegiScan - Kentucky HB 692 2026 Regular Session