Smart Glasses and Privacy

Personal use and the DPDP Act exemption

Section 3(c)(i) of the Digital Personal Data Protection Act, 2023 says the Act does not apply to personal data processed by an individual for any personal or domestic purpose. Filming a family celebration on your glasses therefore sits outside most of its duties. The exemption has edges, though. Once footage feeds a business, a channel that earns money or a service you provide to others, a personal or domestic purpose becomes harder to claim. Section 3(c)(ii) separately excludes data that a person has made, or caused to be made, publicly available, which is far narrower than anything you happen to film in a public place. Treat the exemption as protection for private life, not as permission to publish.

When an employer issues camera glasses

A company that hands staff camera glasses decides why and how the footage is processed, which makes it a Data Fiduciary under the Act. Section 7(i) allows some processing for employment purposes without consent, but customers, visitors and colleagues caught in the frame are Data Principals too. Where the company relies on consent, section 5 requires a notice explaining what is collected and why, and section 8 requires reasonable security safeguards and erasure once the purpose is served. The Act's Schedule allows penalties of up to ₹250 crore for failing to keep those safeguards. Write a short recording policy before any rollout, covering when capture is allowed, where footage is stored, who may view it and when it is deleted.

The IT Act line you must not cross

Section 66E of the Information Technology Act, 2000 makes it an offence to capture, publish or transmit an image of a person's private area without consent in circumstances that violate their privacy. The penalty is imprisonment of up to three years, a fine of up to two lakh rupees, or both. Hands-free capture raises the risk of breaking this rule by accident in changing rooms, washrooms, gyms or hospital wards. Switch glasses off or take them off in such places, and name those places in any workplace rule. If your glasses can stream live, remember that the section covers transmitting an image as well as recording it, so a live feed is no safer than a saved clip.

Everyday habits for wearers and buyers

Before buying, find out where photos and video are stored by default: on the frames, on your phone or in the maker's cloud. Turn off automatic uploads you do not need, and check whether the companion app asks for contacts, location or microphone access beyond what you use. Delete footage of other people once you no longer need it, mirroring the erasure duty that organisations carry. When someone asks you to stop recording or to delete a clip, do so, even where the law may not require it. If you post footage online, blur the faces and vehicle number plates of people who did not agree to appear, and avoid tagging locations that reveal where someone lives.

Sources and further reading

• The Digital Personal Data Protection Act, 2023 (No. 22 of 2023) — Ministry of Electronics and Information Technology (MeitY).
  Full text of India's data protection law: personal data, consent, security safeguards, breach notice and rights.
• Information Technology Act, 2000, section 66E: punishment for violation of privacy — UNODC SHERLOC legislation database.
  Text of India's IT Act offence of capturing or sharing private images without consent, with its penalties.

Common questions

Can a shop or office ban smart glasses?

Yes. Owners and employers can set conditions of entry or workplace rules, including bans on recording devices, so follow posted notices and ask staff when unsure. At work, your employer's recording policy applies on top of the law, and breaking it can be a disciplinary matter.

What can I do if a company recorded me with smart glasses?

Ask the organisation which data it holds about you. Sections 11 and 12 of the DPDP Act give you rights to a summary of your personal data and to its correction or erasure. Report a suspected section 66E offence to the police.