EDPB smartglasses report warns devices must clearly indicate when recording

During its latest plenary session, the European Data Protection Board (EDPB) published a statement and a report developed by the Board's Support Pool of Experts (SPE) on the data protection challenges of smart glasses, offering preliminary guidance for users, manufacturers, and service providers.

The EDPB clarifies that user obligations under the EU General Data Protection Regulation (GDPR) depend on how smart glasses are deployed. While purely personal uses, such as filming family or language translation, fall under the household exemption, the EDPB noted that users can become data controllers if they share footage publicly on social media or use it for commercial, official, or political purposes. Even where GDPR rules do not apply, domestic, civil, or criminal laws may still govern its use. The EDPB also clarified that device manufacturers and linked application providers cannot transfer their controller obligations onto end users.

Transparency remains a key regulatory concern because of the discreet nature of smart glasses, which can leave bystanders unaware they are being recorded. Alongside existing recording indicators such as LED lights, the EDBP proposed other indicators, including audio signals and unique physical designs to make recording in public spaces more obvious. The accompanying report from the Support Pool of Experts (SPE), initiated by the French data protection authority, the CNIL, highlighted that smart glasses risk becoming tools for interpersonal surveillance, creating distinct power imbalances between wearers and the public.

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