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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[–] 165 points 1 month ago (13 children)
  • [–] 46 points 1 month ago (4 children)

    Some people pay good money for that kind of thing

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  • [–] 15 points 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] 22 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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  • [–] 24 points 1 month ago (7 children)

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

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  • [–] 49 points 1 month ago* (last edited 1 month ago) (40 children)

    Just a strong punch in the face.

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    [–] 41 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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  • [–] 40 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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    [–] 35 points 1 month ago (16 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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    [–] 30 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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  • [–] 29 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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    [–] 19 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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  • [–] 18 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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  • [–] 6 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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    [–] 18 points 1 month ago
    [–] 16 points 1 month ago (6 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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  • [–] 8 points 1 month ago*

    They're not saying, "in order to be allowed to use these glasses, these are the prerequisites and then you're good to go", they're saying that the law would in theory require them to announce themselves loudly, implying that that's of course unrealistic and thus using these glasses cannot be allowed.

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    [–] 15 points 1 month ago

    Just call them perverts

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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*

    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)
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    [–] 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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