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.