Data Commissioner Launches Probe Into Meta Smart Glasses Over Surveillance Fears

The Office of the Data Protection Commissioner has officially opened an investigation into the use of Meta’s Ray-Ban smart glasses within the country. Data Commissioner Immaculate Kassait issued the directive following growing concerns regarding how the devices capture and store personal data in public spaces.

According to the regulator, the hardware poses a distinct risk of mass surveillance. The primary concern stems from the ability of users to record high-definition video and audio discreetly, which may lead to widespread non-consensual recording of the public.

The smart glasses, developed through a partnership between Meta and EssilorLuxottica, look like standard eyewear but contain integrated cameras and microphones. While the devices include a small LED light to signal when recording is active, critics argue this is often insufficient to alert people in the vicinity.

Commissioner Kassait noted that the probe will focus on whether the technology complies with the Data Protection Act. The law requires explicit consent before personal data is collected, particularly in instances where individuals have a reasonable expectation of privacy.

This move follows similar scrutiny from European regulators who have previously questioned the adequacy of the privacy notifications on the wearable tech. In Kenya, the digital rights landscape has become increasingly active as more high-tech consumer goods enter the local market.

The investigation comes at a time when President Ruto has been championing the digital economy, though such growth has invited stricter oversight from the ODPC. The regulator is tasked with ensuring that technological advancement does not come at the expense of constitutional privacy rights.

Industry experts suggest that the outcome of this probe could set a precedent for how other wearable AI and recording devices are sold and used in the region. If the devices are found to violate local laws, the ODPC has the power to issue enforcement notices or restrict their use.

The locals have expressed mixed reactions to the technology, with some embracing the hands-free recording capabilities for content creation, while others remain wary of being filmed without their knowledge. The ODPC has not yet provided a specific timeline for the conclusion of the inquiry.

Meta has previously stated that privacy is a core consideration in the design of their smart glasses, including features intended to prevent the camera from being covered during use. However, the Kenyan regulator remains focused on how these safeguards function in real-world scenarios across the country.

As the probe continues, the government maintains that all tech firms operating in the country must adhere to the 2019 data regulations. The findings are expected to clarify the legal boundaries for augmented reality hardware in the Kenyan market.