In preparation for the unveiling of the Switch 2 and its GameChat feature, Nintendo revised its privacy policy last month to indicate that the company “may also monitor and record your video and audio interactions with other users.” With the official launch of the Switch 2, it has become clearer how the console manages recordings made during GameChat sessions and the circumstances under which such recordings may be shared with Nintendo or external partners, including law enforcement agencies.
To initiate GameChat on the Switch 2, users are required to accept a set of GameChat Terms presented on the console. These terms explain that chat interactions are “recorded and stored temporarily” on both the user’s console and that of the other participants. However, Nintendo will only access these recordings if a user reports a breach of Nintendo’s Community Guidelines.
The reporting mechanism allows users to “review a recording of the last three minutes of the last three GameChat sessions,” enabling them to pinpoint specific instances of concern without recording entire conversations. Additionally, the terms specify that “these recordings are available only if the report is submitted within 24 hours,” implying that any recordings are deleted from local storage after one day.
If a report is filed, Nintendo cautions users that it “may disclose certain information to third parties, such as authorities, courts, lawyers, or subcontractors reviewing the reported chats.” Users who do not agree to the possibility of their interactions being recorded and shared will be barred from utilizing GameChat.
Ensuring User Safety
Nintendo emphasizes that the intent behind its recording and moderation system is to “protect GameChat users, especially minors,” as well as to uphold the company’s Community Guidelines. This practice of moderating online interactions through human oversight is increasingly common in the gaming industry, and similar policies exist for voice recordings captured by smart home devices.
While many online moderation systems are designed for environments where players may encounter random opponents, Nintendo’s GameChat is exclusively accessible to friends that users have manually added on their consoles. Therefore, only these trusted contacts can report inappropriate behavior. Additionally, users are required to verify a phone number that corresponds with their Nintendo account for enhanced identification.
Nintendo takes additional measures to keep parents informed about minors’ GameChat usage. If a Switch 2 console has accounts for both adults and minors, the setup mandates that the adult must download the Nintendo Parental Controls app on their smartphone and link it to the console using a code. This app allows parents to approve all new friend requests made on the minor’s account, as well as to require explicit permission for the child to use video chat.
Overall, the temporary and local nature of the recordings made by Nintendo appears to represent a minimal intrusion on the privacy of the average GameChat user. However, those concerned about potential monitoring by Nintendo should remain aware of the company’s recording practices.
Below are the relevant sections of the GameChat Terms (as of June 5, 2025), which are not readily accessible outside of the Switch 2 consoles:
GameChat enables players to engage in voice or video chat with friends while playing on the Nintendo Switch 2 (note that a separately sold USB camera is required for video chat). The use of GameChat is governed by the Nintendo Account User Agreement, including our Community Guidelines, available on our website. Familiarizing yourself with our Community Guidelines is important, as they outline our expectations for user behavior while utilizing our products and services. Your proactive contribution to ensuring a positive online experience is vital to maintaining a harmonious Nintendo online community. Users found in violation of the Nintendo Account User Agreement during GameChat sessions may have their access to online play restricted.
Your chat is recorded
To ensure the enforcement of our Community Guidelines, chat content, including audio and video, is recorded and temporarily stored on both your system and the systems of other participants. If an incident that violates our Community Guidelines occurs, it should be reported to us. We urge users to report all violations immediately. Reports can be submitted during a GameChat session by pressing the C Button to select the person you wish to report. For post-session reports, users can access the Settings menu by pressing the C Button, selecting Report, and following the prompts. Review of the most recent three GameChat sessions is available for a period of three minutes, allowing users to identify a portion for review, but such recordings must be submitted within 24 hours.
We review reported chats to uphold our Community Guidelines
When a GameChat session is reported, the recorded chat content and relevant session details (including time and date, camera usage, and data traffic) will be sent to our server for review. Nintendo may assess the reported information to determine whether violations of the Nintendo Account User Agreement and Community Guidelines have occurred. Reviews will predominantly rely on the submitted information, but prior user review histories and report activity may also be considered. Certain information may be shared with third parties, such as law enforcement agencies, in line with our review protocol designed to ensure the safety of GameChat users, particularly minors, while fostering a family-friendly online environment.
Withdrawal of your consent
Users can withdraw their consent at any time via the GameChat settings (found under GameChat Terms), without impacting the legality of prior recordings or chat content processed before consent was retracted. Once consent is revoked, GameChat features will become inaccessible. Recorded content prior to the withdrawal can still be reported by other users and reviewed by Nintendo.
