Source: Privacy Commissioner
28 Aug 2026, 14:29
Smart glasses are one of the latest technological developments exciting consumers, but they have significant privacy considerations. The Privacy Commissioner has outlined his expectations of their use to ensure New Zealanders are acting within the law and not creating harm through their use of the glasses.
Smart glasses add digital technology into ordinary-looking eyewear, including to record photos or video. Using Bluetooth and working with an AI app, they can recognise and describe images, scenes, and environments. Like many technological developments, they’re becoming cheaper and more available and sales are increasing globally.
Core privacy concerns
Privacy Commissioner Michael Webster has several concerns about smart glasses.
“Because they look like ordinary glasses or sunglasses, it’s very easy for people to be filmed covertly, which makes it harder for people being filmed to object to it.
“Those concerns would increase for me if, in future, smart glasses are integrated with facial recognition technology,” he said.
There have been reports of smart glasses being used by men for non-consensual filming and livestreaming of interactions with women in public places.
“I also have concerns about what might happen to the data collected by smart glasses”, said Mr Webster.
Privacy Commissioner’s expectations for personal use of smart glasses
People using smart glasses to photograph or record people (in their personal capacity) need to respect the privacy of others. If you’re planning to film particular people, it’s good practice to ask those people if they consent before you start filming.
Most smart glasses have a light that flashes when the glasses are taking a photo or filming. But it’s not enough to expect people to look out for this light – you should still tell them that you’re recording.
“Individuals using smart glasses to collect other people’s information in a personal capacity will generally not be in breach of the Privacy Act.
“That’s because there’s an exception in the Privacy Act that allows individuals to collect and use personal information for personal or domestic purposes, such as taking photos of other people to share with family and friends,” says the Privacy Commissioner.
“However, the exception doesn’t apply if the information is collected, used or shared in a way that would be ‘highly offensive’, says Mr Webster.
What counts as ‘highly offensive’?
Factors that are relevant in thinking about what is highly offensive include how the information is filmed, how sensitive the information is and how vulnerable the person being filmed is. For example, information about people’s health or mental state is likely to be particularly sensitive, and particular care should be taken before filming children without the consent of them or their caregivers.
Efforts to hide the filming, such as disabling the warning light, could also increase the offensiveness.
“A good question to ask yourself is, ‘Would someone else watching me do this be likely to think it’s creepy for me to record in this situation?” said Mr Webster.
He also cautioned that, “In some cases recording people, even in public, could be a criminal offence, and footage that is uploaded or livestreamed online could be covered by the Harmful Digital Communications Act.”
What happens if you’re filmed with smart glasses?
If someone is using smart glasses to film you without your consent, you can ask them to stop. But it will probably not be illegal for them to record you.
If they post images of you online and use them in a harmful way, such as for abuse or harassment, you can report this to Netsafe. Making an intimate visual recording without consent is also a crime, and should be reported to the Police.
“I would ask New Zealanders not to automatically tag all users of smart glasses with the ‘creepy’ label’ said Privacy Commissioner Michael Webster.
“There are legitimate uses of smart glasses, for example using them to provide descriptions of surroundings for people who are blind or have low vision.
“That use makes it easier for them to negotiate public spaces,” said Mr Webster.
What about using smart glasses in a work context?
“An organisation that provides smart glasses to its employees for work use will need to comply with the Privacy Act, says the Privacy Commissioner.
“For example, agencies (business and organisations) whose staff are using smart glasses in their work will need to make sure that the glasses are used to collect personal information only if it’s necessary to collect the information for a lawful purpose that relates to the organisation’s business.”
If employees of an organisation use smart glasses to collect personal information for their work then the organisation is responsible under the Privacy Act.
“I would expect the organisation to have policies in place about use of its smart glasses, to prevent inappropriate use,” said Michael Webster.
“In particular, agencies should be aware that they are required to be transparent when they are collecting information (privacy principle 3), and cannot collect information in a manner that is unreasonably intrusive or unfair (privacy principle 4),” he says.
If an employee brings their own smart glasses into the workplace and uses them for their own purposes, the employee is responsible. But the employer should control their use through policies about appropriate behaviour in the workplace.
Regulating the use of smart glasses
As at August 2026, regulators around the world have expressed concern about the privacy implications of smart glasses and whether the law is adequate to protect against harms from the use of the glasses.
“I have been discussing the increasing use of wearable technology, like smart glasses, with privacy regulators in other countries. I know that in Australia the government has asked the Australian Privacy Commissioner to give priority to the issue”, said Mr Webster.
In New Zealand commentators have asked whether changes to the Privacy Act are needed to respond to smart glasses. In particular, should the exception for individuals collecting information for personal use be modified to provide better protection against misuse of the glasses? And are the right rules in place to make sure that manufacturers and technology vendors are building technology that takes a privacy by design approach?
The Privacy Commissioner agrees that the legal framework covering smart glasses and other similar devices in New Zealand should be looked at.
“Care will need to be taken to ensure that any potential regulatory change achieves the right balance between harmless uses and protecting people against harms.
“Using smart glasses for hands-free recording of family events is one thing, but given the potential for harm, questions need to be asked about where the boundary and accountabilities lie.
“Involving the public in answering these questions will be important,” says the Commissioner.
His Office will be monitoring and doing further work on the issue, and engaging with other regulators and with policy-makers.
Original source: https://nz.mil-osi.com/2026/08/28/privacy-commissioner-sets-expectations-about-smart-glasses/