Smart glasses

Keep this in mind if you use smart glasses

1. Filming with smart glasses is like filming with a mobile phone camera

The same rules apply. The difference is that it is easier to film discreetly. Therefore, do not film with your glasses in situations where it would not feel right to film with a mobile phone camera. Although it is usually permitted to film in public places, this does not necessarily mean it is always appropriate. Use common sense and show respect to others.

2. Even when you are not filming, people may feel uncomfortable

People you encounter when you are wearing smart glasses may find it hard to feel confident that they are not being filmed. The other person may be affected by knowing that your glasses could start filming or recording sound at any moment, especially if it is unclear whether the indicator light showing that recording is in progress actually works.

3. Smart glasses often have numerous advanced microphones that can pick up conversations from people in the background

This means that what other people say may be recorded unintentionally, making it even more important to think about how you film.

4. There is always a risk that what you record could end up in the hands of third parties

Manufacturers of smart glasses often want to use what you have recorded, for example to train AI. It can be difficult to understand the terms and conditions and what you are agreeing to let the manufacturer do with your recordings. Therefore, be careful not to film anything that you or others do not want to be shared.

5. Other information than the footage you record may also end up in the hands of third parties

Smart glasses can, for example, collect data on your location and, consequently, also the location of people being filmed. It is important to bear this in mind, as this information may also be shared with third parties.

6. In certain situations, filming is not permitted and you may be committing a criminal offence

For example, you must not film a person without their consent and in secret whilst they are indoors in a home, in a toilet, in a dressing room or other similar space (intrusive photography). Nor may you film facilities with protected status if there is a ban on depiction; doing so may constitute unlawful depiction of a facility with protected status.

7. Sharing what you have filmed may be a criminal offence

If you share a video of someone who, for example, has been subjected to an offence that includes an attack on their person, liberty or peace, or who is in a very vulnerable situation, you may commit an unlawful breach of privacy. The same applies if you distribute a video of someone’s wholly or partially naked body.

8. If you share videos of other people online, you may be required to comply with the General Data Protection Regulation (GDPR)

This applies if you share the video with a wider audience, for example on social media. In such cases you must, amongst other things, have a legal basis – usually consent – and inform the person that you are filming them.

9. If you, as a business owner, use smart glasses in your business, you must comply with the GDPR

Exceptions apply to journalistic and artistic activities.

10. Some places you visit may not permit the use of smart glasses

This may apply, for example, to schools and nurseries. So do not assume that you will always be able to wear your smart glasses. This is particularly important to bear in mind if you have smart glasses with prescription lenses that replace your regular glasses.