Facebook Smart Glasses Privacy Concerns - EU Investigation

Facebook's Smart Glasses Face Privacy Scrutiny in Europe

Europe’s primary privacy regulator for Facebook has expressed reservations regarding the company’s recently released Ray-Ban smart sunglasses. These glasses feature an integrated camera capable of capturing photos and brief video clips activated by voice command.

Concerns Over Recording Indicator

Ireland’s Data Protection Commission (DPC) announced on Friday that it has requested Facebook to substantiate that the LED indicator light on the glasses—designed to illuminate during video recording—effectively informs bystanders that they are being recorded.

Italy’s data protection authority, the Garante, previously voiced similar concerns about Facebook’s smart eyewear. However, Ireland holds significant regulatory weight due to Facebook’s regional headquarters location.

Development and Features of the Smart Glasses

Facebook initially unveiled its vision for augmented reality “smart” glasses a year ago. The initial models, however, do not incorporate AR functionality. The company established a multi-year collaboration with Luxottica, a leading eyewear manufacturer, anticipating a progression of increasingly advanced “smart” eyewear.

The first Facebook-branded Ray-Ban glasses became available earlier this month. While resembling conventional sunglasses, they incorporate two 5 MP cameras for video capture and upload to the new Facebook app, View. Integrated speakers also allow for music playback and phone calls.

A front-mounted LED light is intended to signal when video recording is active. However, European regulators question whether this “very small” indicator adequately alerts individuals to the potential of being recorded.

Lack of Comprehensive Testing

Facebook has yet to demonstrate that it conducted thorough field testing to assess the privacy implications of the device, according to the DPC.

The DPC stated, “While many devices, including smartphones, can record third parties, the camera or phone is typically visible, alerting those being recorded. With the glasses, the indicator light is very small. Facebook has not demonstrated comprehensive field testing to ensure the LED effectively provides notice.”

Regulatory Demands

The DPC is urging Facebook to “confirm and demonstrate the LED indicator’s effectiveness and launch an information campaign to educate the public about the potential for less conspicuous recording of their images.”

Facebook's Response

Facebook acknowledged the questions surrounding the new technology and its operation. A spokesperson stated the company is committed to engaging with regulators, including the Irish DPC, to enhance public understanding of the technology and available controls.

The company also noted that it consulted with the DPC prior to the launch and continues to do so, highlighting the presence of an off switch on the glasses.

Limited Consultation on Product Design

The Irish regulator confirmed it received briefings from Facebook regarding data protection compliance before the launch. However, Deputy Commissioner Graham Doyle clarified that the DPC was not involved in the product’s development or feature design.

“We were briefed on data protection compliance during the summer, but not consulted on the product’s design. Facebook presented the features after they were finalized,” he explained.

“We shared information with other DPAs, and the Garante specifically raised concerns with Facebook regarding the operation and field testing of the glasses.”

Availability and Pricing

The glasses are currently available for purchase in the U.S. for $299. Facebook confirmed sales are also underway in Ireland, Italy, and the U.K.

Past Regulatory Delays

Facebook has previously postponed or halted product launches in Europe due to regulatory concerns, including a facial tagging feature, which was later reintroduced in a modified form.

The launch of Facebook’s dating service in Europe was also delayed by over nine months and included claimed changes following DPC intervention.

Ongoing Data Sharing Restrictions

There are existing limitations on data sharing between WhatsApp and Facebook in Europe, stemming from regulatory objections. Despite these restrictions, data transfer continues, and numerous privacy complaints against the tech giant remain under investigation.

Earlier this month, Ireland’s DPC issued its first decision against a Facebook company under the EU’s GDPR, imposing a $267 penalty on WhatsApp for transparency failures. However, the DPC still has multiple unresolved complaints against Facebook and its subsidiaries pending review.

In January, the Irish regulator agreed to expedite a resolution to a 2013 complaint concerning Facebook’s data transfers from the EU to the U.S. A decision on this matter is still awaited.

This article has been updated to include statements from Facebook and the DPC.