'Eavesdropping' smart watches for children banned in Germany

The Federal Network Agency (Bundesnetzagentur) said the devices, generally aimed at children aged between five and 12, have been used by parents to "listen in to the children's surroundings" undetected, including teachers in lessons.

The watches are regarded as "unauthorised transmitting equipment" and banned under section 90(1) of the German Telecommunications Act, the regulator said.

"The watches have a SIM card and limited telephony function that are set up and controlled using an app," the Federal Network Agency said. "This kind of listening function is often described as a monitor. The app user is able to make the watch call a desired number unnoticed by its wearer or those nearby. The user can then eavesdrop on the wearer's conversations and surroundings. This type of listening function is prohibited in Germany."

The Federal Network Agency urged people who have bought the devices to destroy them and retain proof of the destruction. Even possession of unauthorised transmitting equipment is a criminal offence and can be punished with imprisonment for up to two years or a fine under section 148(1) of the Telecommunications Act. Buyers can face potential penalty payment of up to €25,000 if they are ordered to destroy prohibited items by the Federal Network Agency and fail to do so.

The regulator said that it is not possible for smart watch manufacturers to include a warning about the potential listening capabilities of their devices on or alongside their devices to legalise their use.

"It is not the first time that devices for children have been banned by the Federal Network Agency," said Kai Paterna, a data protection law expert at Pinsent Masons, the law firm behind Out-Law.com. "Earlier this year, a children's doll called 'Cayla' was also declared unauthorised transmitting equipment because it could secretly transmit sound recordings. The regulator decided not to seek buyers' information from the sellers at the time but it did warn about the doll's dangers."

"Distributors of 'smart' household devices should be aware that they could potentially act illegally according to German law and should seek legal counsel before entering the market. This applies in particular for toys, lamps and other household objects with cameras or microphones and transmission capabilities," Paterna said,