Cookies settings

We use cookies on our website.

Some of them are necessary for the functioning of the site, but you can decide about others. View more

ODI Legal Lens: Smart glasses and the right to privacy

New technologies bring new legal questions across a wide range of areas, from data protection and consumer protection to competition and contract law. Smart glasses are a case in point.

Smart glasses combine a built-in camera with software that connects them to other devices, such as smartphones, and allows audio, images and video to be transferred between them. For users, the benefits are clear: they can take photographs, record video and interact with their smartphones entirely hands-free. These capabilities also raise regulatory concerns, however, as users may unlawfully record other people without their knowledge. Several countries have therefore introduced restrictions on smart glasses or are considering limiting their use in certain places or situations.

Restrictions on use and privacy concerns

In July 2026, New York State banned smart glasses from courthouses. In September, Oslo announced a ban on smart glasses in schools, while Norway is considering a nationwide ban on their use in selected public spaces, including parks, beaches, museums, shopping centres and public events. Calls for stricter regulation have intensified as artificial intelligence becomes integrated into these devices and prices fall, with some models now costing around EUR 100.

The Slovenian Information Commissioner has also addressed the issue, expressing serious concerns about privacy when smart glasses are used. In its announcement, the authority highlights the need to protect children and teenagers, who are among the most vulnerable individuals. The possibility of covert recording calls for stronger protection of young people’s rights, including age-appropriate safeguards.

EDPB guidance on transparency when using smart glasses

Important guidance on protecting personal data when using smart glasses is set out in the statement adopted by the European Data Protection Board (EDPB) on 13 October 2026. The EDPB emphasised that both manufacturers and users must ensure appropriate transparency when smart glasses are used. Suggested measures to be built into the devices include:

  • Visual or LED indicators: clearly visible lights should alert bystanders whenever photographs are taken or video is recorded;
  • Audio indicators: taking photographs or recording video should trigger an audible signal, or activating the camera should require a spoken command from the user, such as “take a photo”;
  • Notifications on nearby smartphones: smartphone users would receive an alert when someone nearby uses smart glasses to take photographs or record video;
  • Distinctive design: a recognisable design could help bystanders distinguish smart glasses from ordinary eyewear.

For these measures to be effective, they should be designed so that attempts to conceal them disable some or all of the smart glasses’ functions. For example, covering the visual indicators would prevent photography or video recording. The EDPB also encourages industry standards and awareness-raising measures to promote the lawful use of smart glasses.

Users’ responsibilities and additional data protection measures

The statement also addresses the lawfulness of processing and the privacy of people near a smart glasses’ user. Users must have an appropriate legal basis for processing other people’s personal data. That legal basis must cover both the initial capture of photographs and any subsequent processing, such as analysing the data using an AI system.

A smart glasses user is considered a data controller when sharing photographs or videos with an unrestricted audience on social media through a public profile, or when using the devices for official, professional or political activities. Even where users process only the data of family members or friends as a purely personal activity to which the GDPR does not apply, they may still be liable under criminal, civil or employment law.

The EDPB encourages additional technical measures to reduce risks to individuals whose personal data is processed:

  • Data minimisation: time limits on recording, live streaming or retention;
  • Privacy safeguards: automatically blurring bystanders’ faces, pseudonymising or anonymising data, and activating the camera and microphone only when in use;
  • Restrictions on use in certain sensitive locations (geofencing);
  • Adding friction to sharing recordings on social media.

Smart glasses are increasingly attracting the attention of regulators, technology developers and the wider public as they become more accessible and sophisticated AI applications enable further processing of the data they capture. The industry standards that emerge from this discussion will need to respect both individuals’ right to privacy and the requirements for lawful processing of personal data.

Author: Nikša Maletić