Privacy watchdog launches probe into China-based company behind Kmart ‘pervert glasses’ app

Commissioner said Shenzhen Qingcheng, the app maker behind the HeyCyan app in the smartglasses, failed to respond to her inquiries

The Australian privacy regulator has opened an investigation into the China-based software company behind the HeyCyan app in Kmart’s $89 smartglasses, following public outrage over the covert use of the devices.

A GetUp petition has had more than 55,000 signatures calling to restrict the use of what has been labelled as “pervert glasses”, and councils around the country have looked to ban the glasses in public spaces such as swimming pools. The federal government is also considering a restriction on use in government workplaces.

Kind wrote to Kmart and BDI Technology, retailers for the glasses, as well as Shenzhen Qingcheng, the app maker behind the HeyCyan app in the glasses. She also wrote to Meta – for its Ray-Bans glasses – and Google which is planning its own smartglasses.

None of the other companies will be investigated as part of this process, Kind said.

The privacy commissioner also highlighted the difficulty in applying privacy law to individuals who may use the devices given the privacy act only applies to companies and Commonwealth agencies – not individuals.

“Instead, the entity providing the software at use in the device is likely to be the entity that collects and holds the information for the purpose of privacy law.”

“The most substantial change will be the replacement of the ‘reasonably necessary for an entity’s functions and activities’ test with a ‘fair and reasonable’ test,” she said.

“The new test will require an entity to look at a range of factors, including the extent to which an individual had genuine choice in the collection of their personal information, as well as the best interests of the child where children are involved.”

“These reforms are likely to become increasingly necessary as we face subsequent generations of surveillance wearables and connected devices, from personal assistant gadgets to ambient recording badges.”

In a subset of these videos, about 60% of interactions could be classified as potential harassment, with subjects visibly uneasy or attempting to disengage.