On 10 September, the same day Hamburg's data protection authority published a 55-page report with the full technical analysis of the Ray-Ban Meta smart glasses, the Italian data protection authority (Garante) also commented on the topic, in more cautious terms: it “is closely following the technological development of smart glasses”, but without a technical analysis of its own.
It is worth looking at what the German authority actually found, because the legal framework is the same across the EU. The Hamburg inspectors physically took the device apart and analysed its data traffic: the LED that is supposed to signal an active recording is, in practice, almost imperceptible and can be disabled with tape or a cover, but a recording that has already started continues even if the LED is covered afterwards. The inspectors also found a data structure in the software prepared for facial recognition, empty for now but technically ready.
The legal consequence is the most relevant part for companies: the GDPR household exemption (the one that normally relieves private use of most obligations) never applies in a business context, and it no longer applies in a private context either once the user consents to the recordings being used for Meta's AI training. In that case, the wearer and Meta itself can become joint controllers.
Consider three ordinary situations: a technician wearing what look like normal glasses while working in your server room. An employee using glasses with a camera for remote support, to keep their hands free. A visitor sitting in a meeting room where customer data is visible on the table. In all three cases, responsibility does not depend on the device, but on whose behalf the recording is made.
If your company has a policy prohibiting recording devices, it is worth checking whether it really covers this case, or whether it was written before smart glasses became indistinguishable from any ordinary pair of glasses.
Source: Hamburg data protection authority, Garante
Research as of: September 15, 2026 — Regulation evolves quickly; this post does not replace individual legal or professional advice.
