Notice of Motion – Ban Smart Glasses in council facilities

I’ll be moving a motion at next weeks council meeting that deals with something that’s been popping up more and more in the community’s inbox to me lately: smart or ‘pervert’ glasses. These are the camera-fitted glasses that, unlike physically holding up a camera or phone, often can record without any indication to people being recorded that they are on video. Because of this, and because of how accessible they’ve become recently being sold for less than $100 at major retailers (although as recently as yesterday Kmart pulled them from shelves in response to community pressure), you’ve likely seen recent media and discourse about privacy risks they pose.

I think for councils in particular we need to be proactive about the prevalence of this emerging technology since we manage various public facilities where covert filming could be nefariously used, like our pools, sporting change rooms, public toilets and playgrounds. And I think our responsibility to provide and operate these facilities comes with a responsibility to make sure people feel safe using them.

And evidently, I’m not alone on that. Both from the number of residents that have contacted me about this locally and from the number of other councils across the country that have already acted on this. The Attorney-General has also publicly encouraged councils across the country to take action on this, so I think it’s a conversation Tamworth needs to catch up on.

I believe we should ban smart glasses. But I’m also cautious about getting this right. Because at the same time, it’s important to recognise that smart glasses and other wearable technologies can be groundbreaking accessibility aids for people living with disabilities, such as those who are vision-impaired or experiencing hearing loss. Any restriction we consider putting in place needs to take into account residents who rely on this technology to assist them with daily activities, and to avoid inadvertent consequences that may prevent them from utilising this technology.

What I’m asking for is a report that looks at what the legal and operational considerations of restricting smart glasses and similar covert-recording devices in facilities is, and importantly, what potential unintended consequences might be for residents who use this technology for accessibility reasons.

Motion:

That Council:

(i) Note that:

(a) Smart glasses, which are fitted with cameras capable of capturing images and recording video, have become increasingly prevalent across Australia through low-cost retailers;

(b) These glasses are discreetly worn, and often used for non-consensual and inappropriate filming, creating significant implications, especially for women and children, who are disproportionately affected by the recording and distribution of such footage; 

(c) These glasses, however, are helpful to those with low vision, those experiencing deafness or hearing loss, or those with other accessibility needs;

(d) The Attorney-General has encouraged councils in the media to take action to restrict these glasses;

(e) Smart glasses have been restricted in other local government areas in Australia: Yarra City Council, Inner West Council, Canterbury-Bankstown Council, and City of Sydney have banned smart glasses from their facilities. Brisbane City Council banned the non-consensual use of camera-enabled devices, including wearable technology, phones and cameras, from their 21 public swimming pools; Gold Coast City Council is considering adopting a similar model to Brisbane; Wollongong City Council is also reviewing its policies to ban smart glasses.

(ii) Request that a report be prepared on the privacy and child safety risks posed by emerging technologies such as smart glasses and other wearable devices capable of covertly recording video or audio without the consent of those being recorded. That report should:

(a) Investigate the practicality and enforceability of prohibiting the use of smart glasses and other covert recording technologies in Council facilities, including swimming pools, sporting field change rooms, playgrounds, and any other Council facilities as deemed appropriate;

(b) Identify the relevant legal, privacy, child safety and operational considerations associated with introducing such restrictions, and if these restrictions already exist in some form relating to mobile phone recording devices;

(c) Identify potential unintended consequences of restricting these technologies, particularly for people with vision impairment or disability who may use smart glasses to assist them with their daily activities;

(d) Provide recommendations on any measures that Council may need to take in response to this new technology, to maintain privacy and safety for Council facility users.