Australian Privacy Regulator Investigates Chinese Company Behind Kmart Smartglasses App

Investigation Initiated

The Australian privacy regulator has commenced an investigation into Shenzhen Qingcheng, the Chinese software company responsible for the HeyCyan app integrated into Kmart's Anko smartglasses. This action follows public outcry regarding the smartglasses' ability to capture images and record video covertly.

Background and Public Concern

Kmart's Anko smartglasses, a discount version of Meta's smartglasses, sold out quickly after their release. Their recording capabilities led to widespread concern, with a GetUp petition garnering over 55,000 signatures to restrict their use. Councils have also considered banning the glasses in public spaces, and the federal government is reviewing their use in workplaces.

Regulatory Engagement and Non-Compliance

Australian privacy commissioner Carly Kind had previously contacted Kmart, BDI Technology (retailers), and Shenzhen Qingcheng (app maker) regarding the privacy implications. The investigation into Shenzhen Qingcheng was initiated after the company failed to respond to these inquiries and due to concerns from third-party analysis of its technology and privacy policy. Other companies, including Meta and Google, are not part of this investigation.

Challenges in Privacy Law Application

Kind noted the difficulty in applying current privacy law to individuals using such devices, as the Privacy Act primarily applies to companies and Commonwealth agencies. She clarified that the entity providing the software, rather than the retailer or manufacturer, is typically responsible for collecting and holding personal information under privacy law. Proposed changes to the Privacy Act are expected to strengthen its application to surveillance wearables like smartglasses.