And in public or private space when there are cameras there needs to be signs everywhere to warn and inform you.
So in the Netherlands at least.. Google recording a conversation with someone who doesn't know Google is recording is definitely illegal.
The question is: will they prosecute? Then it becomes a geopolitical question because we are a small country with a disproportionate number of Google datacenters.
So to summarize:
- This is definitely illegal in the Netherlands
- There is no consent of others participating and you really do need that
- Fine print is not consent: consent of terms and conditions requires a majority (determined by polling or common sense of a judge) of users to be aware and knowledgeable what they consented to.
- there won't be prosecution by the Dutch public prosecutor.
- there will be a lobby for the EU to buttrape Google but it may use different reasons or context