Smart glasses come under the microscope of the Authorities

At a time when AI glasses are spreading, concern is also growing about covert recordings and personal data. What the Data Protection Authority tells Euro2day.gr. How big the market is, what is happening abroad and what Meta decided.

Smart glasses come under the microscope of the Authorities

This article is an AI translation of an original piece published in Greek. Read original

Smart glasses are spreading rapidly, but reactions are also increasing. Videos of people who did not know they were being recorded have appeared on social media, courts are banning their use, restaurants and theaters are imposing restrictions and regulatory authorities from Europe to the US and Australia are examining whether today’s rules are sufficient.

Under increasing pressure, Meta is moving ahead with changes. It is strengthening the mechanism that disables the camera when the small LED that notifies that recording is taking place is covered or tampered with, while it is trying to allay concerns by promoting guidelines for the responsible use of the glasses.

The stakes are high. According to IDC, global smart glasses sales increased 167% in the first quarter to 2.25 million units. For the full year, 13.6 million devices are projected and by 2030 about 27.3 million. Meta dominates the category with Ray-Ban Meta with a 69.2% share in the first quarter.

In Greece, smart glasses came into the spotlight when Health Minister Adonis Georgiadis appeared wearing them during his visits to Limnos and Leros. Something that quickly took on political dimensions but also had an unexpected commercial effect. According to market sources, in the week when the discussion broke out, sales in Greece increased by 60%, although from a very low base.

There are no official figures for the size of the Greek market. An indicative extrapolation of IDC’s international forecasts, adjusted to Greece’s size and purchasing power, places smart glasses sales this year in a range of 15,000 to 30,000 devices, with the most likely scenario being 20,000 to 22,000 units.

With an average price of around 350 euros, this corresponds to a retail market of 7- 8 million euros. This is an estimate and not an official measurement by IDC or another independent tracker.

What applies in Greece

The spread of smart glasses also raises a practical question in Greece. What is permitted when someone wears glasses with an integrated camera and can record image or sound in a public space, without the people around them necessarily knowing that they are being recorded? Euro2day.gr put the question to the Hellenic Data Protection Authority, regarding what the legal framework is today and when the use of such a device falls under personal data protection rules.

As the Authority states: There is no specific provision regulating smart glasses. Therefore, each specific use of them should be examined as to whether it falls under the GDPR (General Data Protection Regulation) or not.

In general, taking photographs in a public space by a natural person (e.g. a citizen) may fall under the exception for activities of a purely personal or household nature in Article 2 para. 2 point (c) of the GDPR, to the extent that this use is indeed personal, something that is assessed on a case-by-case basis.

However, when the context of the use is not personal or household, the GDPR applies and an issue of personal data protection may possibly arise.

For example, if a recording (photo/video) contains personal data of natural persons and is sold for commercial profit or published on a social media account, under these circumstances it is likely to be considered that the person who took the photo/shot the video is a ‘controller’, a fact that entails a series of obligations and duties under data protection legislation.

In particular, it would be necessary to demonstrate, among other things, the legal basis for the processing of the specific personal data, in accordance with Article 6 para. 1 of the GDPR, as well as to provide appropriate information to those whose image is captured, in accordance with Article 13 GDPR.”

Euro2day.gr asked the Authority whether it considers the current framework sufficient and whether specific guidelines or other interventions for these new capabilities are being considered. The response shows that the issue has moved to the European level. “Such issues (overall approach, issuance of guidelines, technological developments, etc.) are examined at EU level through the European Data Protection Board (EDPB), in which the Authority participates, so that their application is uniform, coherent and effective throughout the EU. The matter is already under analysis at the EDPB.”

What is happening abroad

Greece is not an exception. In France, the CNIL has launched an action plan for smart glasses and the protection of personal data. In a survey of 2,128 adults, 67% said they consider the technology a risk to privacy.

In Finland, legal experts warn that the use of smart glasses may, depending on the recording and use of the material, lead to fines or even conviction. In Norway, the government is planning stricter rules and is even considering restrictions on the use of facial recognition in public spaces.

In New York, smart glasses are banned in courts and are handed over to security upon entry. In Texas, Attorney General Ken Paxton has opened an investigation into Meta AI Glasses, examining issues of privacy, data collection, recordings and facial geometry.

In Canada, the Armed Forces have banned AI glasses in operational zones and security areas, even when the device is switched off or in airplane mode.

In Australia, the government has asked the Personal Data Protection Authority to examine as a matter of priority the risks from smart glasses. There is no national ban, but in Brisbane recording without consent with smart glasses has already been banned at the city’s 21 municipal swimming pools.

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