Australia's privacy watchdog has launched an investigation into Shenzhen Qingcheng, the China-based company behind the HeyCyan app used in Kmart's smartglasses. The probe follows public outcry and concerns over the covert use of the devices for recording video.
The investigation into the smart glasses app highlights growing concerns about the privacy implications of wearable surveillance technology and the challenges regulators face in applying existing laws to new devices and international companies.
Australia's privacy regulator has initiated an investigation into Shenzhen Qingcheng, the China-based company responsible for the HeyCyan app integrated into Kmart's $89 smartglasses. The probe was launched following widespread public concern and outrage over the potential for covert recording by the devices.
Guardian Australia reported in August that Kmart's Anko-branded smartglasses, which can capture images and record high-definition video, had sold out, sparking calls for restrictions or bans. A GetUp petition garnered over 55,000 signatures, and several local councils have moved to ban the glasses in public spaces. The federal government is also considering restrictions for government workplaces.
Australian Privacy Commissioner Carly Kind announced the investigation into Shenzhen Qingcheng on Wednesday, citing the company's failure to respond to inquiries and concerns arising from third-party analysis of the technology and its privacy policy. Kind also wrote to Meta and Google, which are developing their own smart glasses.
Kind highlighted the challenges in applying existing privacy law to individual users of such devices, as the Privacy Act primarily applies to companies and Commonwealth agencies. She noted that retailers or manufacturers might not have privacy obligations if they do not collect personal information from the devices themselves, with the software provider being the likely entity collecting and holding data.
Proposed reforms to the Privacy Act, according to Kind, would strengthen the application of privacy law to surveillance wearables. The suggested changes include replacing the 'reasonably necessary for an entity’s functions and activities' test with a 'fair and reasonable' test, which would consider factors like genuine choice in data collection and the best interests of children.
Researchers from the University of Sydney analyzed smart glasses footage and found a trend towards discreet, point-of-view recording that is difficult for bystanders to detect. Their analysis indicated that approximately 60% of interactions captured in a subset of videos could be classified as potential harassment.
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