Council tries regulating smart glasses but experts say it needs a heavier touch

Brisbane City Council has become the first local authority in Australia to ban the use of smart glasses at public swimming pools, citing concerns over privacy and consent. These wearable devices, capable of filming and recording, have sparked public backlash as some view them as an unreasonable intrusion on personal privacy. Section 227A of the Queensland Criminal Code already prohibits recording people without consent in circumstances where a reasonable adult would expect privacy, such as in swimming pool change rooms.

However, legal experts argue that local council regulation alone is insufficient to curb the misuse of smart glasses. Elizabeth Englezos, a lecturer at Griffith University's School of Law, stated that while Brisbane's ban is a clever idea, broader regulation is needed at the state or federal level. The challenge lies in identifying when someone is using smart glasses and when they are being recorded, as it is not always clear whether the device is a smart glass or its purpose.

The Office of the eSafety Commissioner has recommended several measures to manufacturers, such as automatic blurring of faces and clearer visual indicators when recording. These suggestions aim to mitigate the potential harms of smart glasses, if legislated by governments. Englezos believes that blurring people's faces is a common practice overseas and could significantly reduce privacy concerns.

The ability of some smart glasses to retrieve information based on facial scans has raised additional concerns. Dr Englezos highlighted that while Australians have no constitutional right to privacy, the High Court has made it clear that there are no legal protections to safeguard this right. As technology advances and encroaches further on privacy, the Greens have proposed legislation to pause the import of wearable recording devices for 12 months during the development of proper regulations.

The federal government has rejected this idea, but local councils like Brisbane and Gold Coast are exploring policies to address the issue, with plans to prohibit filming without approval in public spaces.