The Pulse
EDPB Calls for Visible Recording Warnings on Smart Glasses
The European Data Protection Board says smart glasses should clearly signal when they record, using visible lights, sounds or other hard-to-bypass warnings. Its October 13 statement also outlines GDPR responsibilities for wearers, device ma
AI.info Team · Written with AI ·
“Smart glasses should make their recording obvious – for instance with bright LED lights, audio signals or voice activation cues, privacy-friendly smartphone notifications, or unique designs.”
Anu Talus, chair of the European Data Protection Board
The European Data Protection Board adopted its statement on smart glasses on October 13, 2026, calling for recording signals that bystanders can notice and that are difficult to defeat. The board’s recommendations address devices that can look like ordinary eyewear while capturing images, sound or other personal data. Its statement offers preliminary reflections on the privacy risks and the responsibilities of people and companies involved in processing that data.
Warnings must work beyond the wearer’s phone
The EDPB says visual indicators should stand out in different lighting conditions and remain active long enough for people in the camera’s field of view to understand that recording or image processing is taking place. It says a device should not be able to record when its indicator is covered. A light that is hard to see, or that can be switched off while recording continues, would not meet the standard the board describes.
The statement also identifies audio cues, spoken activation commands and design features that help distinguish smart glasses from regular eyewear as possible ways to alert bystanders. Smartphone proximity notifications could supplement those signals, but the board says they should not be the only warning: people may not have the relevant app, may not keep it active or may choose not to receive notifications. Technical measures used to meet transparency obligations, the EDPB says, should be effective, difficult to circumvent and updated when needed.
GDPR duties depend on how the glasses are used
The statement does not treat every wearer as subject to GDPR in every situation. A person recording or sharing images in a purely personal or household context may fall within the household exemption, such as when sharing a video only with a friend or using translation privately. The board says that exemption must be assessed case by case and does not cover, for example, posting footage to an unrestricted public social-media account or using the glasses for professional, political or official activities.
Device makers and providers of linked apps or services may still have their own responsibilities, including when a wearer’s activity falls under the household exemption. If those companies determine the purposes and means of processing, they may qualify as controllers or joint controllers. The EDPB says they cannot rely on users to satisfy the companies’ own duties to inform people whose data may be captured.
Consent and further use pose separate questions
For processing covered by the GDPR, controllers need a valid legal basis. The board says obtaining consent from bystanders may be difficult when they have no relationship with a device maker or service provider; consent collected after footage has been captured does not supply a legal basis that was required beforehand. Relying on legitimate interests also calls for a case-by-case assessment of people’s rights, expectations and the safeguards in place.
The statement singles out commercial reuse and AI training as purposes that bystanders may not reasonably expect, particularly when they did not know about the initial recording. It also encourages limits on continuous capture and retention, privacy-protective settings by default, and blurring or obscuring bystanders before footage is shared or reused. For glasses designed mainly to provide real-time assistance, the EDPB says persistent storage may not be necessary and should be disabled by default unless the feature requires it or a user deliberately activates it.
Hospitals, schools and workplaces raise higher stakes
The board identifies medical facilities, schools, changing rooms, toilets and workplaces as settings where recording can create particular concerns. In workplaces, it points to employee monitoring and the risk of exposing confidential business information. Depending on the setting, recording may also be restricted by national law or local rules.
The EDPB’s statement is preliminary guidance, not a blanket ban on smart glasses or a claim that every recording violates the GDPR. Its specific ask is that people nearby should be able to tell when recording or related processing is happening—and that the signals designed to tell them should remain noticeable and hard to bypass.