Meta’s Smart Glasses Face A Privacy Test In India: What Happened In Delhi?

 A Delhi man has sent a legal notice to Meta and an Instagram creator over a covert recording at a cafe in Delhi's Khan Market. The creator filmed the video using Ray-Ban Meta smart glasses and posted it as an Instagram reel on July 26.

The video garnered more than 4.19 lakh views over 10 days and attracted ridiculing comments. The man demanded the immediate removal of the clip, a public apology from the creator and Rs 2.05 crore in damages.

This case is among the first legal actions in India seeking to hold a smart glasses manufacturer liable for product design harm.

Flawed Reporting And Design

The man attempted to report the video. Instagram lacked a specific privacy-violation category and Meta's grievance officer for India did not acknowledge his complaint. Instagram eventually contacted him on July 28 and July 30, informing him that the video did not violate community standards.

The Internet Freedom Foundation (IFF), which assisted the man pro bono, stated that Meta is liable for a device "deliberately styled to be indistinguishable" from regular spectacles.

The legal notice asserted that Meta "owed and breached a duty of care to [the man] as a victim, and is liable in negligence for its contribution to the intrusion upon his privacy". It also argued that the "recording indicator on the said devices is inadequate and easily overlooked", despite the small light on the right temple that turns on when a video is being recorded and flashes when a photo is being taken.

Gaps In Indian Law

Existing legislation struggles to regulate ambient surveillance. Section 4(1)(a) of the Digital Personal Data Protection Act (DPDPA), 2023 theoretically requires explicit consent from bystanders as "data principals", according to Live Law.

A major loophole in the DPDPA excludes personal data made publicly available, leaving ambient public recordings unregulated.

Section 66E of the Information Technology Act only penalises the non-consensual recording of a person's "private area". This narrow threshold does not cover general public surveillance or everyday.