I remember everyone charged against the original XBOne about the kinect being always on and recording, yet this seems ok?
I'm not even sure if this is even legal, I don't know if Sony can unilaterally decide to record an user's voice.
Sony doesn't record people's voice.
This is a feature for users to save audio clips of people in their party, that they can then submit to Sony moderators for review.
This should be clarified in the OP.
For the record you could always record your gameplay before in video format, and in the settings chose whether chat audio should be included or not.
This is seemingly just going to make it easier to do, and to prove who said what, etc.
Xbox was under fire for “always listening” with Kinect. I guess Sony didn’t get the memo.
The PS5 isn't 'always listening' or doing anything on its own. This is a feature for users to save voice clips of people in their chat group and submit them for moderator review.
You could always save video clips on PS4 and if you wanted to include chat audio. Or just game audio. Depends on your settings.