Tech-Listening Photo: Shutterstock.com

In recent months, Facebook, Google, Amazon, Microsoft and Apple have revealed their products' technological advancements aren't entirely fueled solely by automated machines. News publications have discovered the tech giants rely on contractors to listen and transcribe audio recordings made through their products to improve accuracy.

Lawyers say the process doesn't run afoul of privacy laws—as long as users are notified that their information could be used by a third-party.

Although it's a common tech industry practice to have voice recordings transcribed by a third-party, it isn't expected by most users of tech platforms. In turn, companies must inform and obtain consent from consumers "if the activity is something the consumer would not expect. You have to tell them," said Francoise Gilbert, DataMinding CEO and former co-chair of Greenberg Traurig's data, privacy and cybersecurity practice group.

"So in this particular case, I would advise the client to make sure they disclose the activity they have so the consumer is aware of what is happening. Then the consumer has a chance to agree or disagree, but not be surprised."

Gilbert noted the recording's content may not meet the definition of personal information under U.S. or international privacy laws.

"If it is reasonably possible to know who is speaking, then the information is personal information, and then there are questions that can be raised. But if there is no possibility to associate a recording to a particular person, that is not personal information," she said.

Gilbert also added that privacy laws in varying jurisdictions include similar wording when defining personal information, including a location, full name, IP address and other identifying information.

Although the type of information obtained is important when questioning what regulations apply, age also is a significant factor in determining what laws govern the collection and usage of voice recordings.

To be sure, the companies' procedures of transcribing recordings grabbed some headlines because of their popularity with the general population, including children. In the U.S., websites and online services targeting children must comply with the Children's Online Privacy Protection Act (COPPA).

Under COPPA, websites or online services targeting children under 13 requires parents or guardians to provide "meaningful parental consent," explained Duquesne University School of Law professor Agnieszka McPeak.

A parental consent agreement "says they are allowed to use certain things, and that consent has to have a detailed disclosure of what they need to do," McPeak said. While companies that collect underage children's voice recordings must meet specific requirements, the practice of using human transcribers to listen to recordings is a standard practice for most tech companies, lawyers said.

"That is the way artificial intelligence, and before AI, machine learning, works. The machine has to learn, and for the machine to learn things, it needs to be taught and it needs to be corrected," Gilbert said.