IFF challenges Meta over Ray-Ban glasses recording: Who is liable for covert filming?

The Internet Freedom Foundation (IFF) has sent a legal notice to Meta Platforms regarding covert recordings made by its Ray-Ban Meta smart glasses. The case questions Meta's liability when individuals are filmed without their consent, challenging the company's role as an internet intermediary.

The notice argues that Meta is liable for negligence, asserting that the company should have considered the rights of individuals being recorded. It claims Meta is responsible for a secret recording that went viral on social media without the filmed person's permission. The case aims to demonstrate that Meta's responsibility extends beyond its role as an "intermediary," positioning it as more than just a platform hosting content.

The incident occurred at a café in Delhi's Khan Market, where an individual identified as "Mr. X" was allegedly harassed by a stranger. The encounter was covertly recorded by the Ray-Ban Meta glasses and later posted on Instagram. The footage reportedly garnered significant views and mocking comments.

Indian law offers limited recourse for bystanders who are filmed in public. The legal notice demands the removal of the recording, disclosure of information, an apology, preservation of evidence, and damages amounting to 2.05 crore Indian Rupees (approximately $250,000 USD).

This case marks the first attempt in India to establish legal liability for Meta concerning harm caused to bystanders filmed by its smart glasses. It raises broader questions about the accountability of tech giants and privacy in the digital age.