The Australian privacy regulator has opened an investigation into Shenzhen Qingcheng, the China-based software company responsible for the HeyCyan app in Kmart's smartglasses. This action follows public concern regarding the covert use of these devices.
The Australian privacy commissioner, Carly Kind, announced the investigation into Shenzhen Qingcheng after the company did not respond to inquiries. Concerns also arose from third-party analysis of the technology and the entity's privacy policy.
Kmart had previously sold out of the Anko-branded smartglasses, which are capable of capturing images and recording high-definition video. This led to widespread public concern and calls for restrictions on their use.
Commissioner Kind noted that applying privacy law to individuals using such devices is difficult, as the Privacy Act currently applies only to companies and Commonwealth agencies. She stated that the entity providing the software in the device is likely to be the one collecting and holding information for privacy law purposes.
Proposed changes to the Privacy Act, including a new 'fair and reasonable' test, are expected to strengthen how privacy law applies to surveillance wearables. This new test would consider factors such as an individual's genuine choice in information collection and the best interests of children.