EU Regulator: Smart Glasses Makers Responsible for Privacy, Not Users

Manufacturers of smart glasses and associated apps must ensure that bystanders can easily identify when recording is taking place, according to a statement by the European Data Protection Board (EDPB). The board, which comprises EU data protection regulators, advised that companies should not shift their General Data Protection Regulation (GDPR) obligations to users. The guidance emphasizes that recording indicators on smart glasses must be clear and difficult to disable.

EDPB suggests multiple methods to alert bystanders, including visible LED lights, audio cues, and phone notifications. The board also recommended features that blur bystanders' faces, disable recording in sensitive locations, and introduce 'privacy frictions' to slow down social media sharing. The EDPB called for industry-wide standards for recording signals, highlighting that the use of smart glasses with facial or voice recognition poses significant risks to privacy in public spaces.

In India, the regulatory landscape for smart glasses remains unclear. Despite Meta selling Ray-Ban smart glasses since May 2025, there is no specific guidance on manufacturer liability for privacy violations. Individuals who have filmed bystanders without consent have resorted to legal notices and police complaints, with no established legal precedent on who is responsible. High-profile incidents involving recordings in public spaces and at protests underscore this regulatory gap.

While the EDPB's guidance is non-binding, it influences how EU regulators assess GDPR compliance. The board stated that companies would find it difficult to justify using footage of bystanders for purposes like AI training, as consent from individuals who are unaware they are being recorded is typically invalid. This places the onus on manufacturers to proactively design for privacy and transparency.