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Quite arrogant after you just constructed a faulty comparison.
That's absolutely not the same thing. Overhearing something that is in the background is fundamentally different from actively recording everything going on in a public space. You film yourself or some performance in a park and someone happens to be in the background? No problem. You build a system to identify everyone in the park and collect recordings of their conversations? Absolutely a problem, depending on the jurisdiction. The intent of the recording(s) and the reasonable expectations of the people recorded are factored in in many jurisdictions, and being in public doesn't automatically entail consent to being recorded.
See for example https://www.freedomforum.org/recording-in-public/
(And just to clarify: I am not arguing against your explanation of Twitch's TOS, only against the bad comparison you brought.)
You're both getting side-tracked by this discussion of recording. The recording is likely legal in most places.
It's the processing of that unstructured data to extract and store personal information that is problematic. At that point you go from simply recording a conversation of which you are a part, to processing and storing people's personal data without their knowledge, consent, or expectation.
True.
Although in Germany for example it can also be an issue when recording. If you have a security camera pointed at a public space (that can include the sidewalk infront of your house), passersby can sue you to take it down and potentially get you fined. Even pretending to constantly record such an area can yield that result.
I'm not a lawyer but I suppose it would depend on the ToS and if the user agrees to the recording and processing. But if it allows the extraction of the real identity of the user it's probably a GDPR issue.
Literally not. The police use this right now to record your location and time seen using license plates all over the nation - with private corporations providing the service.
And yes, it's called 'expectation to the right of privacy'. Public venues are not 'private' locations, and thus do not need consent. You can, quite literally, record anyone in public.
Even the link you provided agrees.
In the US maybe but not in Germany, Austria and probably most countries in Europe.