Google Translated from German to English:

GDPR vs. Smart Glasses: Why Ray-Ban Meta Carriers Can Be Held Liable

A new data protection report teaches: Anyone who films uninvolved third parties with smart glasses or allows Metas AI training loses the privilege of the budget exception. reading aloud Print view 53 Read comments Close-up of a black Ray-Ban-Meta-Smart glasses with integrated camera in the eyeglass frame and mirrored lenses on a wooden table. Close-up of a black Ray-Ban-Meta-Smart glasses with integrated camera in the eyeglass frame and mirrored lenses on a wooden table.

(Picture: Tada Images/Shutterstock.com) 13:54 Clock Reading time: 4 min. From Stefan Krempl

The dispute over smart glasses in everyday life continues. After prohibition demands occupied the policy and the Federal Network Agency fit in due to lack of handling, the Hamburg data protection officer Thomas Fuchs has followed up with an investigation by the Ray-Ban Meta AI Glasses. The analysis is clear: For the everyday use of data glasses in public spaces, there is therefore hardly a legally compliant basis, as long as Meta does not improve on construction method and presets.

In the laboratory, the Hamburg data protectionists dismantled the first-generation Meta Wayfarer model and analyzed the traffic. They quickly reached their limits: The 32-gigabyte flash memory had no standardized connections, the data transmission of the app remained encrypted. In the application memory of the smartphone, however, the examiners came across a discovery: In the internal SQLite database, there are table structures with designations such as “face”, “face_group” or “face_low_confidence_pair”.

Although these tables remained empty in the tests and currently no biometric facial recognition takes place, the substructure for automated person matching is already anchored. The authority also refers to security researchers who briefly managed to unlock a facial recognition function. Meta responded with a covert update. The fact that the Group is technically providing for the identification of people in the future by comparison is a bad blow to the inspectors.

Another point of criticism concerns transparency towards third parties. Externally, the data glasses hardly differ from the Wayfarer classic from the 1950s. Passers-by do not realize that they are captured by video camera, five microphone systems and AI assistant. The signal light proves to be largely ineffective: In daylight, the white LED is barely perceptible and sometimes does not signal direct AI interactions at all. When spectacle wearers become data processors

In addition, there is the vulnerability to manipulation. The protective mechanism, which is intended to prevent images when the LED is concealed, can be tricked with foils or caps. Video recordings launched once continue, even when the signal light is subsequently taped off. This means that the glasses miss the European privacy-by-design requirement. According to the report, this allows for secret surveillance that is incompatible with the General Data Protection Regulation (GDPR).

The classification of data protection law is of serious consequences for the buyers themselves. The budget exception protects private individuals from the GDPR obligations when taking up in a private environment. Anyone who films strangers in public spaces or publishes recordings on social media loses this privilege. The authority clarifies that carriers then become fully responsible data processors. Intractable hurdles in everyday use

The situation becomes even trickier if users do not object to the meta default setting and train the AI model with interaction data. If images and audio signals of third parties are transmitted to the USA for AI training, the data leaves the private purpose. Users thus slip into joint responsibility with the US group pursuant to Article 26 GDPR. Since Meta does not offer an agreement to divide the duties, spectacle wearers move on thin ice.

In order to lawfully process images or conversations of third parties, institutions would either have to obtain informed consent or prove an overriding legitimate interest. Both fail because of everyday realities: effective approval requires prior enlightenment, which is in fact impossible in the face of the inconspicuous glasses. It doesn’t look like a common camera. Video recordings in public spaces can exceptionally be based on legitimate interests. With activated AI functions, however, the rights of the filmed almost always outweigh the rights.

Anyone who walks through the city with the glasses would have to inform passers-by in advance orally or even wear safety vests with inscriptions in order to meet the requirements of the European Court of Justice. Particularly sensitive are medical practices, demonstrations, women's shelters or playgrounds. The use of the Ray-Ban Meta AI Glasses in public space is thus difficult to legally design under data protection law.

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[–] 158 points 1 month ago (13 children)
  • [–] 44 points 1 month ago (4 children)

    Some people pay good money for that kind of thing

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  • [–] 14 points 1 month ago* (last edited 1 month ago) (3 children)

    Like whatever meta glasses cost kind of good money?

    Bonus, you only have to pay it once this way! :p

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  • [–] [S] 23 points 1 month ago (2 children)

    There's also the surprise factor. Just going about your business, perving on girls, and POW! right in the nuts. That's gotta be someone's kink.

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  • [–] 22 points 1 month ago (7 children)

    To be fair, that’s a great place to kick someone wearing smart glasses.

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  • [–] 8 points 1 month ago (4 children)

    The face would be better, but I'm only a short girl.

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  • [–] 40 points 1 month ago (1 child)

    Imagine someone in witness protection, or someone fleeing a dangerous person having their location leaked by these.

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  • [–] 37 points 1 month ago (2 children)

    There are also phone apps which advice you if someone nearby wear smart glasses, eg.Nearby Glasses

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  • [–] 25 points 1 month ago (1 child)

    Hey OP, you don't need to translate with the Google tool, Heise already produces English versions of their articles:

    https://www.heise.de/en/news/GDPR-trap-Smart-Glasses-Why-Ray-Ban-Meta-wearers-can-be-held-liable-11451626.html

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  • [–] 18 points 1 month ago (2 children)

    Imagine walking down the street and seeing somebody wearing a T-shirt that read "I'm wearing the Meta pervert glasses."

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  • [–] 17 points 1 month ago (2 children)

    It's great to see it be taken seriously. I think it should be broadened to any camera that's hard to notice since someone can just do this with anything wearable. I'm not sure what should be done about having a phone in ones front pocket though, since it feels like the same but I figure phone need to be treated differently.

    I figure there should be exceptions for blind people as well.

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  • [–] 5 points 1 month ago

    I think goal is to at least keep recording glasses from gaining widespread adoption, since once that is culturally accepted then the fight is pretty much over.

    So while there are other recording methods it is the reason this one has been the focus of attention.

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  • [–] 17 points 1 month ago
    [–] 16 points 1 month ago (5 children)

    I'm all for this, but I'm kinda confused on how you're supposed to orally warn passersby in advance.

    It seems like maybe you should penalize the creators of the smart glasses by forcing manufacturing restrictions that make them clearly identifiable, and making it illegal to alter them.

    And also make'em wear a fuckin vest lmao

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  • [–] 31 points 1 month ago (10 children)

    I just had my first encounter with one of these dudes. He was at my booth at a market and picked up and read aloud the label of every single one of my products and I was really confused why and then saw his glasses. I didn't really know what to do. It was upsetting. I'm shy and don't like being filmed but it was a public space. I'm also horrible at confrontation and it takes a lot for me to speak up. Is there a light supposed to be on those glasses when they are actively recording? I'm trying to figure out if he was just unique or if I'm in his video somewhere.

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  • [+] -43 points 1 month ago (10 children)
  • [–] 44 points 1 month ago (2 children)

    Anyone can tell at a glance that someone is filming with their phone.

    The pervert glasses are designed to be stealthy, so we can't.

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  • [–] 25 points 1 month ago

    They are playing dumb on purpose because they are likely one of those people who wants recording glasses to be widespread enough that people stop being bothered that everyone they encounter is recording them. Then they can get some really nice footage.

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  • [–] 18 points 1 month ago (5 children)

    how silly stupid do you have to be to need to explain how a phone held out is different than persistent surveillance? That meta keeps adding facial ID into the API?

    like goddamn dude

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  • [+] -6 points 1 month ago (5 children)
  • [–] [S] 4 points 1 month ago (4 children)

    Do explain your technique. I expect you have plenty of practice.

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  • [+] -6 points 1 month ago* (last edited 1 month ago) (4 children)
  • [–] 1 point 1 month ago (3 children)

    yeah go for it dipshit, let that silly thing flop around in your pocket for a few minutes, see how it compares to these high res specs aligned with your field of view.

    what a maroon

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  • [+] -2 points 1 month ago (3 children)
  • [–] 0 points 1 month ago (2 children)

    gee you seem to know an awful lot about being a creep.

    experienced?

    btw I'll take that pepsi challenge any day, but I don't have the creep glasses to compare against. I still assert you're dumber than a box of rocks for even bringing it up

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  • [+] 0 points 1 month ago (2 children)
  • [–] 0 points 1 month ago (1 child)

    You don’t need to be wearing a pair of glasses like this to have the capability to do anything perverted like this.

    no it just makes it easier, dumbass.

    but nice, keep making it easier for the creeps. freakshow. privacy and security? lemme guess, you're one of the 'if you're out in public you have no right to privacy' chuds? who don't understand at all that there are actually fucking laws against voyeurism huh? goddamn you're oblivious and obviously enabling the worst creeps.

    https://app.leg.wa.gov/rcw/default.aspx?cite=9A.44.115

    dumbfuck, why do you want them to have better tools to creep with? fucking creep

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    [–] 29 points 1 month ago (1 child)

    They need to have a dick tattooed on their foreheads, with flashing led subdermals in the ballsack.

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  • [–] 13 points 1 month ago (1 child)

    Original source, plz? (the German text)

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  • [–] [S] 13 points 1 month ago* (last edited 1 month ago)

    Oh, I'm sorry. I put the link in the URL field, but when I added the image afterward it changed the link. I didn't know that happened. Looks like I can't have a URL different from the image. Seems odd.

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  • [–] 9 points 1 month ago (1 child)
  • [–] 7 points 1 month ago

    Would be a great time for glasses frame manufacturers to lean into advertising lightweight or frameless glasses.
    "Transparent in every way"

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  • [–] 6 points 1 month ago (1 child)

    How about a hat with a flag on it instead?

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  • [–] 4 points 1 month ago

    Or find a way to make the complete social block real in the end of Black Mirror’s White Christmas.

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  • [–] 3 points 1 month ago (2 children)

    I'm sure it would be easy enough for someone to design an app to disable the glasses when they're within a certain proximity of you.

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  • [–] 3 points 1 month ago (2 children)

    I dont know if these will ever get banned officially, so I wonder if some tech can be made where you can install them in areas that need to be heavily "geofenced" from Meta glasses predators. Or a siren or text alerts when someone gets too close to say a swimming pool, playground or shelter with these turned on.

    We all need to have somewhere safe to get groceries, go to doctor, school, shelter etc.

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  • [–] [S] 2 points 1 month ago

    Seems like a lot of effort just to appease the techbros and profits.

    Require a license to own and wear them for the blind people or whoever needs them for those purposes. No one else gets them. That would make them much more expensive, but since they stepped in the shit we could make the Tech companies build them and sell them at cost. Not that such a thing will ever happen, so let's just ban them completely. Blind people have gotten along without them forever, that can continue.

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  • [–] 4 points 1 month ago (1 child)

    I've had a nice, classic pair of Wayfarers for many years, a pair of glasses that I can never wear again

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  • [–] 2 points 1 month ago

    Likely a "I'm a servalence system" vest

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  • [–] 0 points 1 month ago (1 child)

    In 2014 I vividly remember Google Glass wearers putting labels on them so people would know. (The few who weren't perverts, at least.)

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  • [–] 0 points 1 month ago (3 children)

    That actually should be the case in some parts of the US if they actually enforced existing laws.

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  • [–] 4 points 1 month ago (2 children)

    If you're referring to states where 2 party consent laws carry weight outside of phone calls, then to my not-a-lawyer knowledge it requires there be a reasonable expectation of privacy, which is pretty well established to exclude public (or private but open to public, like a mall) spaces. I think that exclusion is generally BS, but I really do recognize the difficult balance of freedom of press vs individual privacy. I just think there could be a good bit more nuance

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  • [–] 5 points 1 month ago (1 child)

    In my state the public expectation of privacy exception requires OBVIOUS recording equipment to create implied consent. A hidden camera like this does not meet that requirement.

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  • [–] 1 point 1 month ago

    That's exactly the nuance I'm longing for; are you comfortable sharing which state? The precedent I'm familiar with uses a person's general expectation of privacy in a given environment as a test, which I understand but disagree with. I would much rather the standard be how your state handles it.

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  • [+] -13 points 1 month ago (4 children)

    We should always be able to record anything we can see and hear with a device on our person, even if it makes people unhappy.

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  • [–] 5 points 1 month ago (2 children)

    I feel like these are made to be inconspicuous. You can record, just announce it. Let me opt out by not being near you.

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  • [–] 0 points 1 month ago* (1 child)

    I don't have the option to opt out of being recorded when I must buy groceries, do my banking, pay my taxes, or virtually anything else that requires leaving my home.

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  • [–] 1 point 1 month ago

    I'm thinking more or less at parks and in public spaces. There's some very basic implied understanding of, when you enter an establishment, you'll probably be recorded. That understanding should end at the door.

    I walk my kids to school and hear ring doorbells telling me I'm being recorded. Kinda sucks, I'm just on the sidewalk. I have a camera on my house and I set the zone so that it only starts recording for things that are on my property.

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    [+] -7 points 1 month ago (1 child)

    Unfortunately it is like banning "bad words", grape and unalive just take their place, full meaning intact. The glasses manufacturer will just invest in better hidden cameras. Creepers gonna creep. Honestly, much more brutal laws against creeping and actual enforcement to make it a huge risk for some shoddy spank-bank deposits, would have people going "I'm not risking even wearing those" and the company suffering. Bottomlines are all that make things change anymore.

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  • [–] [S] 1 point 1 month ago

    Bottomlines are all that make things change anymore.

    Laws with teeth do work, but the billionaires own the lawmakers so that's where the broader problem is.

    That 1/3 of Americans are all to happy to give up every freedom just for the sake of racism does surprise me. I mean, it used to surprise me, now it just saddens me.

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