Women and children could be disproportionately impacted by the use of such technology
Attorney-general Michelle Rowland has penned a letter to privacy commissioner Carly Kind regarding possible privacy concerns flagged by the community over the use of smart glasses, which are embedded with cameras that can take photos and videos.
Rowland requested that the Office of the Australian Information Commissioner (OAIC) prioritise looking into the privacy implications of such gadgets, noting their rising accessibility in the country. She indicated that women and children in particular could be disproportionately impacted by the use of the technology for harmful conduct like inappropriate recording, harassment and surveillance.
“Unlike other forms of technology, smart glasses may be used more discreetly, making it harder to know when you are being recorded”, Rowland said in a statement.
In 2024, the International Bar Association raised concerns regarding Meta and Ray-Ban's AI-powered smart glasses, which came out in late 2023. The body highlighted issues with data security.
“How do you provide for the rights of the data subject? If you film someone without authorisation to what extent is that legal?” asked Larissa Galimberti, then-chair of the IBA’s cybersecurity subcommittee.
Callum Sinclair, who leads the technology and commercial firm at Scotland firm Burness Paull, noted that smart glasses wearers could record people and obtain personal data without consent.
Rowland said the government considered the OAIC’s expertise and oversight to be key to tracking developments in this field.
“The OAIC regularly monitors the effects of new technologies on privacy – and the government has every faith that they will identify any new privacy risks and mitigation measures”, the attorney-general said. “The government is continuing to work on the next phase of privacy reforms to ensure our privacy laws are fit for purpose in the digital age”.
The OAIC recently updated guidelines for organisations covered by the Australian Privacy Principles that are looking into the use of facial recognition technology in high-volume, publicly accessible physical spaces such as retail shopfronts. The new guidance incorporated the findings of the Administrative Review Tribunal with regard to Bunnings Group Limited’s use of facial recognition technology in 62 of its stores between 2018 and 2021.
The guidance clarified that the Privacy Act neither prohibits nor expressly permits facial recognition technology; rather, Instead, entities must demonstrate that any use complies with the privacy principles. It also confirmed that biometric templates and facial images used for automated identification are considered sensitive information.
