French prosecutors and regulators step up scrutiny on smart glasses

Paris prosecutors have launched a criminal investigation into alleged sexual harassment involving the use of smart glasses, as French data protection authorities receive complaints from businesses. Smart glasses are a global sensation, with Meta's AI-enabled glasses, produced in partnership with EssilorLuxottica, leading the market at around 76 percent share.

These glasses, equipped with a small embedded camera, allow discreet recording. Meta reported selling 7 million units last year, while EssilorLuxottica anticipates exponential growth in 2026. However, the popularity of these devices has attracted international attention from prosecutors, regulators, rights groups, and companies over concerns such as sexual harassment, corporate misconduct, and illicit surveillance.

UK cinemas have banned smart glasses, and a German consumer advocacy group filed a criminal complaint against Meta and other companies for allegedly violating German privacy laws. Paris prosecutors recently opened at least one criminal probe following sexual harassment complaints related to a social media trend of using smart glasses to film women without consent and sharing the videos online.

The prosecutors did not disclose the brand of devices used but stated that their cybercrime unit tested the devices to assess potential crimes.

Meta emphasized that privacy features were integrated into their AI glasses from the beginning and that they will continue to enhance protections as the technology advances. EssilorLuxottica declined to comment. France's data protection authority, CNIL, received fewer than 10 complaints about smart glasses being used in the workplace, with no brand-specific details provided.

The authority also reported an increasing number of inquiries from businesses seeking guidance on whether they can prohibit smart glasses in the workplace.

Australia is considering banning camera-equipped smart glasses in government workplaces due to privacy and security concerns, marking potentially the first such ban globally. Smart glasses raise significant challenges in terms of informing individuals that they are being filmed and obtaining consent when necessary. The European Union's AI Act and General Data Protection Regulation (GDPR) regulate AI-enabled wearable devices, setting rules for the use of personal data.

However, enforcing privacy laws can be challenging, especially when content is rapidly disseminated online.

Rights groups, including e-Enfance and feminist organization Hubertine Auclert, argue that women are the primary targets of abuse facilitated by smart glasses. Ines Legendre, a legal expert at e-Enfance, emphasized that seeing a small light indicating filming does not equate to consent or the distribution of images to thousands of people.

Ines Girard, who works on technology-facilitated gender-based violence at Hubertine Auclert, called for the tech industry to take more responsibility in preventing abuse, stating that it places an additional burden on women, gender minorities, and individuals already exposed to violence, online abuse, and scrutiny in public spaces.