Smart glasses highlight gaps in privacy laws

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In June, reality star Kylie Jenner posted her latest collaboration on social media — a new design for Meta’s line of AI-powered “smart glasses”. Images of her wearing the glasses filled social media, as did videos of her teenage self lamenting the lack of privacy she was afforded because of her fame. The irony was unmissable: how is Ms. Jenner, who was once so worried about privacy, now promoting a device that enables surveillance?

Smart glasses are the latest addition to the wearable technology space. It is also a dangerous example of how current laws are unable to keep up with today’s tech innovation.

According to Meta, these glasses allow you to see and answer calls, messages, and notifications via voice command. Built-in speakers help you listen to music and an integrated camera enables you to capture photos or videos through the lenses. Meta describes these glasses as “normal-looking eyewear with discreetly integrated glasses technology.” Hidden from the naked eye, these glasses contain “tiny speakers, microphones, [and] a lightweight camera.” The tech giant isn’t shying away from how inconspicuous these features are; rather, it is flaunting it.

In India, the glasses, which have been advertised everywhere, retail at around ₹25,000. Stickers that claim to completely cover the LED recording indicator are also widely available. Meta says that if the LED is covered, the glasses will block the recording until the sticker is removed. Yet, workarounds are just a Google search away. The glasses also make a shutter sound when they start and stop recording, but this is not a strong indicator that you are being recorded. Further, Meta argues that the glasses are “designed for privacy, controlled by you.” But this “control” is limited to the wearer, and not the recorded subject, such as requiring additional verification before use.

The website adds, “Meta collects data needed to help ensure that your glasses and app are reliable, secure and operating normally.” An investigation by Swedish newspapers Svenska Dagbladet and Goteborgs-Posten found that Meta’s contracted workers, who sometimes review the data to track user experience, were able to view sensitive content filmed on the smart glasses, including wearers using the toilet. In a comment to BBC News , Meta said its privacy policy states that it sometimes uses contractors to review data shared with them.

In this context, concerns about women’s privacy have grown. Data from the National Crime Records Bureau (NCRB) show that in 2023, before the glasses entered the market, there were 3,678 cases of women-centred cybercrimes. Of these, 2,767 cases involved the transmission or publication of sexually explicit material. Consider how much easier these glasses would make it to record people without their knowledge, including in private spaces. The potential risks to children are equally concerning. In 2023, the NCRB recorded over 698 cases related to the use or storage of child sexual abuse material.