Brisbane bans smart glasses at public pools as experts call for stronger regulation

First council in Australia to restrict use of camera-enabled wearable devices at swimming facilities

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Brisbane City Council has become the first local government in Australia to ban the non-consensual use of smart glasses at public swimming pools, but legal experts say the move highlights the need for broader state or federal regulation to address the growing privacy risks posed by discreet recording technology.

The decision, announced last week, introduces a new condition of entry for public pools that bans the non-consensual use of all camera-enabled devices, including smart glasses. Lifeguards have been given the power to remove people who breach the rule.

The move follows a surge in the popularity of wearable eyewear capable of filming, recording and sharing video — technology some members of the public have labelled "pervert glasses". The devices have raised concerns about filming without consent in settings such as swimming pools, beaches and childcare environments.

Section 227A of the Queensland Criminal Code already prohibits recording people without consent in circumstances where a reasonable adult would expect privacy, including change rooms. However, the council's new condition of entry extends the restriction to pool areas themselves.

Elizabeth Englezos, a lecturer at Griffith University's school of law, described the council's approach as "kind of a clever idea" but cautioned that it does not solve the fundamental problem of detection. "The problem is that we don't necessarily know when someone's wearing the glasses and therefore when you're being recorded," Dr Englezos said. "It's not always easy to tell whether or not they're smart glasses to begin with."

The Office of the eSafety Commissioner last Monday published advice to smart glasses manufacturers urging them to take greater responsibility for safety. "Looking ahead, we can expect more sophisticated forms of harm as smart glasses are combined with other technologies such as facial recognition, image recognition and generative AI," the statement said.

The eSafety Commissioner's advice noted that many technology companies currently place responsibility on users to operate smart glasses safely, but added: "Asking people to use a product responsibly is not an adequate safety policy. The harms linked to covert recording are not hypothetical. They are real and already occurring."

The recommendations to manufacturers — which include automatic — were not fully detailed in the announcement.

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Analysis

Why This Matters

  • The ban directly affects pool-goers in Brisbane, setting a precedent for other councils across Australia facing similar privacy concerns.
  • Smart glasses are becoming more common and harder to detect, raising risks of covert recording in everyday public spaces.
  • The eSafety Commissioner's warnings about integration with facial recognition and AI suggest the potential for harm will only grow without proactive regulation.

Background

Smart glasses — wearable eyewear with built-in cameras and recording capabilities — have surged in popularity in Australia, triggering public backlash over privacy. Some have dubbed them "pervert glasses" due to their discreet form factor. Existing Queensland law (Section 227A of the Criminal Code) already bans non-consensual recording in private settings, but regulations struggle to keep pace with rapidly evolving consumer technology.

Key Perspectives

Brisbane City Council: By adding a condition of entry banning camera-enabled devices at public pools, the council aims to close a gap in enforcement, giving lifeguards the direct authority to remove violators. Legal experts: Elizabeth Englezos of Griffith University views the council's move as innovative but insufficient. She argues that detection remains the core challenge and that meaningful regulation requires higher-level government action. Office of the eSafety Commissioner: The federal regulator has called on manufacturers to build safety into products rather than relying on user responsibility, warning that future iterations combined with AI will create more sophisticated harms.

What to Watch

  • Whether other councils across Australia follow Brisbane's lead and adopt similar conditions of entry.
  • Any response from state or federal governments to introduce legislation specifically targeting covert recording devices.
  • The smart glasses industry's reaction to the eSafety Commissioner's recommendations and whether manufacturers implement automatic disclosure or recording indicators.

Sources

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