These devices DO NOT RECORD constantly. Please do some research. They are always listening but that is different than records constantly. The Amazon Echo devices ONLY send data to Amazon after it hears the wake word along with a fraction of a second before the wake word. It does have a tiny buffer for recording that is constantly overwritten. This is so that fraction of a second can be sent to make sure the device gets the whole command. Amazon clearly spells this out for all to see on their privacy page about the Echo. I do not know the specifics of the Google device but I would imagine it is close to the same.
Nothing to prevent an always on, send audio back "listen and record mode" either if a command is sent.
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