Keeping sight of privacy concerns over smart glasses

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A day at the beach or a walk in the park may seem like normal outdoor activities up until realizing you may have been recorded by a person wearing smart glasses.

The thick-framed tech devices, which are connected to the internet and can surreptitiously take photos and record video with audio, is facing mounting concerns from political leaders and the public alike over privacy issues.

The digital spectacles, which were launched in 2021, are available from tech firms such as Meta, after the company teamed up with Ray-Ban, aned Google, which is re-entering the market this fall.

Host of issues with AI glasses

The use of artificial intelligence in smart glasses brings other of issues including authenticity of the content it records.

While no country has outright banned smart glasses, governments are taking a hard look.

Last week, Norway’s government announced a plan to enact a temporary ban on smart glasses in certain public spaces, including parks, beaches, museums, shopping centres, schools, daycares, healthcare facilities, gyms and public events, media have reported.

Norway’s capital Oslo has already banned its use in schools as well as being restricted in offices and facilities at the state-owned energy giant Equinor, according to the Sweden Herald.

Elsewhere in Europe, many movie theatres in the United Kingdom have introduced policies that either restrict or ban camera-enabled eyewear, the U.K. Cinema Association said in August.

What about Canada?

While the Canadian government has not instituted a ban on smart glasses, the Department of National Defence has been proactive about its use among staff and military members.

“Currently, AI glasses and any similar smart eyewear are strictly forbidden in all Operations Zones, Security Zones, and High Security Zones,” the department said in a July policy update. “There are no exceptions for these devices, even if the user claims the device is ‘off’ or in ‘airplane mode.'”

The Defence Department also warns that restrictions may become more widespread in the future.

“All Defence Team employees have a right to privacy within DND/CAF (Canadian Armed Forces) workplaces, and the unauthorized filming or photography of any personnel using AI glasses is forbidden and may be subject to disciplinary measures,” it said.

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David Fraser, an internet, technology and privacy lawyer in Halifax, says it is generally legal to film while out in public.

“But because this is privacy law, the complete answer has some nuances and maybe a little bit more complicated,” he said in a recent video.

Initial hysteria over compact cameras, cellphones

Fraser said history teaches us that there was initial hysteria over privacy following the invention of compact cameras and, more recently, cellphones equipped with camera lenses.

But those concerns faded over time as people became more comfortable due to the popularity of those devices.

However, the technology has become much better and much less conspicuous despite a small light indicating when a photo or video is being taken.

“A person holding a phone out in front of them is obviously taking a picture or recording something,” he said. “Somebody wearing glasses is just wearing glasses. And I think the difference explains a lot about the discomfort.”

Fraser said, when it comes to Canadian law, any person in a public place can generally take photos or record video of what they can see. Smart glasses don’t change that option.

Difference with digital eyewear

But a hidden camera can challenge what we know as normal. A person behaves a certain way when they are being recorded by a camera or cellphone pointed at them. Not so with digital eyewear.

“They likely regard concealed or obtrusive cameras as sneaky or rude, and it’s almost certainly confrontational,” said Fraser. “But saying, ‘I don’t like being recorded and it is illegal to record me,’ are two very different things.”

However, using a recording device – camera, phone or smart glasses – could become criminal if used in a nefarious way including voyeurism, nudity, sexual activity or for a sexual purpose.

The use of recording devices in washrooms, change rooms and bedrooms would be obvious places, but Fraser said context also matters.

Surreptitiously recording female students in a school hallway could also be problematic despite being among other classmates and teachers.

“And that’s particularly relevant to smart glasses,” said Fraser. “The fact that another person can see you does not necessarily mean that they can secretly make any kind of recording of you for any purpose. Privacy expectations can depend not only on where you are, but on the method and the character of the observation.”

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