Smart glasses: EDPB demands visible, reliable recording signals

The European Data Protection Board (EDPB) brings together Europe's data protection authorities, including the CNIL (the French data protection authority). On October 13, 2026, it published a statement on smart glasses equipped with cameras and microphones. The text is presented as a first position. It is not binding and does not target any particular manufacturer. It comes with a report titled "The connected gaze," written by an outside expert as part of the EDPB's expert program, which does not commit the Board.

Manufacturers remain responsible

The main message is aimed at manufacturers and providers of related services, notably AI. Under the General Data Protection Regulation (GDPR), they remain controllers of the processing and cannot shift their obligations onto wearers. According to the specialist site PPC Land, which analyzed the text, the EDPB considers that legitimate interest would be "particularly difficult to demonstrate" for training an AI with images of passersby. Also according to PPC Land, consent obtained after the recording would not be valid.

For the wearer, everything depends on the use. Filming one's family or using translation in a private setting generally falls under the household exemption, which is excluded from the GDPR. This exception must, however, be interpreted strictly. Posting videos on a public account, or using the glasses in a professional, official or political setting, can make the wearer a controller. Criminal law, civil law or labor law may also apply.

Warnings that are "hard to ignore"

The EDPB asks that recording be visible to everyone, for example with clearly visible indicator lights, audible signals, privacy-friendly smartphone notifications or a recognizable design. These warnings must be reliable, hard to ignore and kept up to date. Its chair, Anu Talus, says that people being filmed deserve "clear warnings, not hidden surprises." The text stresses sensitive places, such as schools, hospitals or beaches, and children, who are more exposed to discreet recording.

According to AFP, the glasses designed by Meta with EssilorLuxottica sell in the millions. Critics say their recording light is too easy to disable, and Meta says it has taken action against such tampering. The EDPB's initiative is not unanimously welcomed: lawyer Peter Craddock of the firm Osborne Clarke called the approach "inherently political" and disputed that it falls within the Board's remit, PPC Land reports.

What companies should remember

• Professional use does not benefit from the household exemption: if employees film with these glasses, a legal basis, information for the people filmed and a defined retention period are required.
• Manufacturers and AI service providers: the EDPB cites data minimization, on-device processing, blurring of third parties and, for glasses used mainly for real-time assistance, disabling permanent storage by default.
• Sensitive establishments, such as healthcare facilities or schools, can regulate their use in their internal rules.