Brussels, 13 October – During its latest plenary, the EDPB has adopted statement on smart glasses and published the report “The connected gaze. Video recording, surveillance and administering evidence in the age of smart glasses”*, developed in the context of the Support Pool of Expert (SPE) programme**.

As smart glasses become widely available and more frequently used, they raise significant questions for the protection of individuals’ personal data and rights and freedoms even if they create new opportunities for communication, assistance, and innovation.

“These devices look like ordinary glasses, but they include cameras and microphones and are connected to the internet. This raises serious privacy concerns, as individuals may be recorded without their knowledge.

The risks are even greater in sensitive environments—such as hospitals, schools, or workplaces—and when recordings are shared on social networks. And of course, children are especially at risk when using these glasses or when they are filmed.“

EDPB Chair, Anu Talus

The EDPB’s text is an initial statement which provides preliminary guidance to users, manufacturers and service providers while increasing awareness about the risks these devices pose.

Shared responsibility

The user’s responsibility for processing personal data under the GDPR depends on the way they use their smart glasses. For example, if this involves sharing a photo or video on a public social media account, or if smart glasses are used as part of official, professional, or political activities, the user would be considered a data controller.

However, if the user shares a photo or records a video of family members or friends, or if they use the device for personal translation purposes in a private context, this would be considered a purely personal activity for which the GDPR would not apply (household exemption). In any case, even when the GDPR does not apply, the use of smart glasses may still be subject to criminal, civil, or labour law - as well as other sector-specific rules.

As data controllers, neither the producer nor the provider of a linked application or service can transfer their obligations to users. They must comply with data protection law and ensure any new data processing remains compatible with the original purpose of collection.

The importance of transparency

The EDPB highlights transparency as one of the main data protection challenges posed by smart glasses. Due to their discreet appearance and use, bystanders may be unaware that personal data relating to them is being processed, by whom, and for what purposes.

“Smart glasses should make their recording obvious – for instance with bright LED lights, audio signals or voice activation cues, privacy-friendly smartphone notifications, or unique designs. These warnings need to be reliable, hard to ignore, and always up to date.

Even in public spaces, bystanders should clearly understand that someone is filming or photographing them. Because when it comes to privacy, individuals deserve clear warnings, not hidden surprises.”

EDPB Chair, Anu Talus

Lastly, the statement encourages industry standards and awareness-raising measures to help individuals understand when smart glasses are being used and how their personal data is used.

Expert insights

The report “The connected gaze. Video recording, surveillance and administering evidence in the age of smart glasses” was commissioned by the Board, through its SPE programme and following a proposal from the French DPA, to better understand smart glasses usage, their privacy implications, and assess their societal acceptability.

The report, developed by a digital sociologist, examines both user experiences with smart glasses and non-users' perceptions of associated risks, supported by real-life examples from interviewees.

The research shows that smart glasses are sometimes becoming instruments of interpersonal surveillance and handling of evidence. Furthermore, individuals’ ability to use these devices effectively varies widely, creating power imbalances between those who use them and those being recorded.

Note to editors:

*This document was not produced by the EDPB. It was prepared by an external contractor as part of the SPE programme. The views expressed are those of the authors and do not necessarily reflect the official position of the EDPB.

**The Support Pool of Experts (SPE) is a key initiative of the EDPB, which is part of the EDPB 2024-2027 Strategy. The main objective of this programme is to help European Data Protection Authorities (DPAs) increase their capacity to supervise and enforce data protection rules by developing common tools and giving them access to a wide pool of experts.