EU Watchdog Calls for Clear Warnings When Smart Glasses Record

The European Data Protection Board (EDPB) has called for clear, prominent warnings when smart glasses record audio or video, responding to growing privacy concerns around wearable cameras. In its opinion published in March 2025, the EU watchdog stresses that people nearby must be able to tell when they are being recorded, not just the wearer. This article explains the EDPB’s recommendations, how smart glasses recording works, and what it means for users and bystanders.

Background: Why the EDPB Issued This Opinion

Smart glasses with built-in cameras and microphones have become more common, from Meta’s Ray-Ban Stories to newer augmented reality devices. Unlike a phone held up to record, glasses are worn on the face, making it hard for others to know if they are being filmed. The EDPB, which coordinates data protection authorities across the EU, issued an opinion on March 18, 2025, to clarify how the General Data Protection Regulation (GDPR) applies to these devices. The opinion is not a new law but provides binding guidance for national regulators and companies.

The trigger was a request from the Dutch and Hamburg data protection authorities, who asked the EDPB for a coordinated position. The opinion aims to prevent a patchwork of different national rules and to give manufacturers and app developers a clear baseline. It also responds to public concern about covert recording, especially in changing rooms, schools, and workplaces.

Key Recommendations: What the EDPB Wants

The EDPB’s core recommendation is that smart glasses must have a clear and prominent indicator that recording is active. This indicator should be visible to the wearer and to people around them. The board suggests several acceptable methods:

• A bright LED light that stays on during recording, not just a small blinking dot.
• An audible tone or beep that is loud enough for bystanders to hear.
• A physical shutter or cover that visibly blocks the camera when not in use.
• For augmented reality glasses, a persistent on-screen icon that is visible from multiple angles.

The indicator must be impossible to disable by the user, and it must activate automatically when recording starts. The EDPB also says that the indicator should be distinct from other lights, such as battery or notification LEDs, to avoid confusion. Additionally, the opinion requires that the glasses have a clear privacy policy and that users must obtain consent from people before recording them in private settings.

How Smart Glasses Recording Works

Most smart glasses record video and audio through a small camera and microphone embedded in the frame. The data is usually stored on the device or streamed to a paired smartphone via Bluetooth or Wi-Fi. Some models, like the Ray-Ban Stories, have a physical button to start recording, while others use voice commands or gestures. The camera typically has a wide-angle lens to capture what the wearer sees, and the microphone picks up ambient sound.

Recording quality varies: consumer models may shoot 1080p or 4K video, and some have multiple microphones for better audio. The storage is often limited, so footage is frequently uploaded to a cloud service or the phone app. This means that recording is not just local; it often involves data transmission and processing, which triggers GDPR obligations for the manufacturer.

Legal Implications Under GDPR

Under GDPR, any recording of identifiable people is considered processing of personal data. The EDPB opinion clarifies that the person wearing the glasses is the data controller, meaning they are responsible for complying with GDPR. This includes having a lawful basis for recording, such as consent, legitimate interest, or a contract. In practice, for most consumer use, consent from each person recorded is required.

The opinion also addresses the role of manufacturers. They must design the glasses to be GDPR-compliant by default, which means including the recording indicator and making it tamper-proof. Manufacturers must also provide clear information about how data is stored, processed, and shared. The EDPB suggests that manufacturers conduct a Data Protection Impact Assessment (DPIA) before launching such products, because the technology poses a high risk to individuals’ rights.

How to Choose Privacy-Friendly Smart Glasses

If you are considering buying smart glasses, here are factors to look for based on the EDPB’s guidance:

• Visible recording indicator: Choose a model with a bright, always-on LED or an audible tone that cannot be turned off.
• Physical privacy shutter: Some glasses have a cover for the camera lens; this is the clearest signal that no recording is happening.
• Local storage option: Glasses that allow recording to stay on the device (without cloud upload) give you more control over data.
• Clear privacy settings: The companion app should let you delete recordings easily and control who can see them.
• Battery life and heat: Recording generates heat; a well-designed device should not become uncomfortable to wear.

Remember that even with a good indicator, you are still legally responsible for how you use the recordings. Sharing footage online without consent could lead to fines or legal action.

Common Problems and Limitations

One common issue is that the recording indicator may be too subtle. For example, a small white LED might be mistaken for a notification light. The EDPB wants the indicator to be unmistakable, but current models often fall short. Another problem is that some glasses allow recording without any indicator when the battery is low or the LED is disabled via a software update. The opinion explicitly prohibits such workarounds.

Another limitation is that the indicator only shows that recording is active, not what is being recorded. For instance, a wide-angle lens may capture people the wearer does not see. Also, audio recording is often more invasive than video, because it captures conversations without visual cues. The EDPB recommends that audio recording be indicated separately, perhaps with a different sound or icon.

Frequently Asked Questions

Do I need to warn people if I wear smart glasses in public?

In public, you generally do not need explicit consent for casual recording, because people have a lower expectation of privacy. However, if you record in a way that is intrusive, such as focusing on a specific person, or if you use the footage for commercial purposes, you may need consent. The EDPB recommends that you always use the indicator and avoid recording in private spaces like bathrooms or changing rooms.

Can I turn off the recording indicator on my smart glasses?

No, the EDPB opinion requires that the indicator cannot be disabled by the user. If your glasses allow you to turn it off, that would be non-compliant with GDPR. Manufacturers are expected to design the indicator as a permanent feature.

Are smart glasses banned in the EU?

No, they are not banned. The EDPB opinion sets rules for how they must be designed and used. As long as the glasses have a clear recording indicator and you follow GDPR for data processing, they are legal.

What happens if I record someone without their knowledge?

If you record someone in a private setting without their consent, you may be violating GDPR and possibly national laws. The person could complain to a data protection authority, which could fine you. In some countries, covert recording is a criminal offense.

Will the EDPB opinion affect smart glasses sold outside the EU?

Yes, because many manufacturers sell globally. To comply with EU rules, they may add the indicator to all units worldwide, as it is easier than making separate versions. This is similar to how GDPR influenced privacy policies worldwide.

Alternatives to Smart Glasses for Recording

If you want hands-free recording but are concerned about privacy, consider these alternatives:

• Body cameras: These are worn on the chest or shoulder and have a prominent LED and often a beep. They are designed for transparency.
• Action cameras on a helmet: A GoPro on a helmet is clearly visible and usually has a red recording light.
• Smartphone with a tripod: A phone on a tripod is obvious and you can easily show the screen to others.
• Audio recorders: Some voice recorders have a clear recording light and are less intrusive than video.

Each alternative has trade-offs in convenience and discretion, but they all make recording more transparent.

Conclusion and Future Outlook

The EDPB’s opinion is a significant step toward protecting privacy in the age of wearable cameras. It gives clear guidance to manufacturers and users, but it will take time for existing products to comply. As smart glasses become more advanced, we can expect more features like gaze tracking and facial recognition, which will raise even more privacy questions. For now, if you wear smart glasses, be transparent about recording, and if you are concerned about being recorded, look for the indicator or simply ask.

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