Some city councils are banning smart glasses in public changerooms to prevent people from being covertly recorded, but 10 Canadian municipalities contacted by CBC News say existing rules are sufficient.
In Australia, local councils in Sydney, Brisbane and in the Melbourne area banned them from public pools and change rooms, with one mayor going so far as to call them “pervert glasses” in introducing the motion.
The glasses were also recently banned by a Toronto dance venue.
Caitlin Stockwell, a lawyer running for municipal council in Vancouver, is calling for a similar ban there.
Stockwell noted it’s primarily women, children and gender diverse people who are being covertly recorded and harmed when the videos are posted online.
In the U.K., there are also reports of people asking for money to take the videos down.
“We think if there are extra rules in place that can reduce the likelihood of these glasses being used in that way, that’s something that our city hall and park board should be looking into,” Stockwell said.
So far, the idea does not seem to be taking root across the country.
CBC News reached out to 12 Canadian cities to find out if any were considering a ban.
Ten responded by deadline. Representatives all said existing rules that prohibit the use of recording devices within these facilities also apply to smart glasses.
“The regulations already in effect across all of Montreal’s aquatic facilities prohibit taking photos and recording videos inside the pool areas and locker rooms. These rules apply regardless of the type of device used,” a City of Montreal spokesperson said in an emailed statement that was typical of the responses CBC News received.
The City of Ottawa’s policy is under review, according to Tracey McGarry, the city’s director of complexes, aquatics and special services.
“Any updates would further clarify restrictions related to photography, video recording, audio recording, and livestreaming in recreation facilities. We have had no issues with smart glasses in city recreation facilities.”
But Stockwell says more proactive rules are needed because of the covert nature of the glasses.
“The issue that we’re seeing that’s unique with wearable recording tech is that it’s actually really difficult to tell whether they’re recording someone or not. So, a more proactive rule in place to restrict the type of harm that they can be used for is to prohibit wearing those glasses in those spaces altogether.”
Smart glasses have a light that indicates when they’re recording, but it isn’t always obvious and some people have tampered with it, an issue engineers at Meta, one of the companies developing these glasses, are grappling with.
The idea would be to have signage indicating smart glasses are not allowed in the facilities, Stockwell said.
“Letting people know these glasses are banned, it … increases the likelihood that more people will catch it, as opposed to just the person that’s targeted by the filming themselves and might see the video after the fact.”
Lloyd Richardson, director of technology at the Canadian Centre for Child Protection in Winnipeg, says their organization is already seeing children targeted by covert recording.
This was the case before smart glasses, and it’s not always clear what type of device was used to make the recordings, but the glasses make it easier to be inconspicuous, he says.
“We’ve seen what are obviously surreptitious recordings of children in bathrooms. We’ve seen it in daycares, we’ve seen it in pools. “
Richardson says he agrees with a ban in municipal facilities, but believes it needs to go further.
“I think we really need to like stand up to sort of sovereign law here and say … you can’t design a device like this. This is privacy invasive. It’s harmful. And … you can’t ship them into Canada.”
Stockwell says there are change rooms in Vancouver where cellphones aren’t allowed, and she was once reminded by another patron to put her phone away.
The Sydney-area ban excludes people with impairments who use the glasses for accessibility reasons, and Stockwell says she envisions a Vancouver ban having the same exemptions.
Policies
CBC News asked 12 municipalities whether they’re considering a ban on smart glasses in public facilities.
These responses have been edited for length and clarity.
Toronto: For any filming and photography in city parks, recreation facilities and recreation programming, an individual must not engage in filming and photography in washrooms and change rooms and obtain permission from staff prior to taking photographs or filming in active recreation spaces. We continue to review and evaluate our education and enforcement practices. Further refinements to our practices surrounding all filming tools, including smart glasses, will take place as we learn more.
Montreal: The regulations already in effect across all of Montreal’s aquatic facilities prohibit taking photos and recording videos inside the pool areas and locker rooms. These rules apply regardless of the type of device used. Additionally, in several of its new facilities, the city has set up universal (or gender-neutral) locker rooms where nudity is not allowed.
Vancouver: The Vancouver Board of Parks and Recreation’s pool guidelines state that the use of photographic devices, including cameras and cellphones, in fitness centres, swimming pools, and connected change spaces is not permitted without prior staff approval. While the park board does not currently have a specific policy regarding smart glasses, all patrons are expected to respect the privacy, safety and comfort of others when using our facilities. We continually review emerging technologies and consider their potential impacts on the privacy, safety and experience of patrons using our spaces.
Ottawa: The City of Ottawa’s current policy prohibits the use of electronic equipment with photographic capabilities in change rooms, washrooms, exercise rooms and swimming pool areas. It applies broadly to devices that can capture images or video and is not limited to specific technologies. Smart glasses with photo or video recording capabilities would be subject to the same restrictions as other photographic devices within these areas. The policy is currently under review, and any updates would further clarify restrictions related to photography, video recording, audio recording and livestreaming in recreation facilities. We have had no issues with smart glasses in city recreation facilities.
Edmonton: City of Edmonton recreation facilities prohibit the use of recording devices in change areas. This includes all devices that can record (photograph/picture, video and/or audio) and including, but are not limited to, cellphones, cameras, video recorders, laptops and tablets. Given that smart glasses have recording capabilities, they would also be prohibited in change areas. Recording devices can be brought into the space, but must be turned off and stored out of view (pocket, purse, locker). Patrons must leave the prohibited space before using the recording device, including speaking on the phone or texting.
Winnipeg: Recording devices are not permitted in washrooms, change rooms and locker rooms at City of Winnipeg facilities. We encourage patrons to report any unusual behaviour or the use of recording devices to on-site staff.
Quebec City: Quebec City prohibits the use of all electronic devices that can record, film and photograph in its swimming pools and change rooms. Smart glasses are included in this ban.
Hamilton: While the City of Hamilton does not have a specific bylaw governing the use of smart glasses in municipal recreation facilities, as with any device that may capture photos or video, we expect all facility users to respect the privacy and dignity of others, particularly in washrooms, change rooms and saunas, where photo taking is not permitted.
Kitchener: While the City of Kitchener does not have a bylaw or policy that specifically references smart glasses, we do have an existing policy that prohibits the use of cellphones, cameras, personal digital assistants and other electronic devices with photographic capabilities in change rooms and public washrooms at all city facilities. This policy is posted in all of our municipally operated recreation facilities. Devices with photographic or recording capabilities would generally fall within the intent of the policy. Our focus is on maintaining privacy and ensuring residents feel comfortable and safe when using city facilities, regardless of the type of technology involved.
Halifax: The Halifax Regional Municipality has a policy governing image recording and broadcasting at its recreation facilities, including pools. Recording is strictly prohibited in change rooms, washrooms and similar areas at all municipal recreation facilities. Recording in active recreation spaces, including pools and pool decks, is restricted and requires permission from facility staff. Staff may require consent or waivers from participants and/or parents or guardians. The policy applies to image recording and broadcasting using photographic and modern digital recording technology of any form, means or type.
Calgary and London: No response by deadline.
