Meta Faces Class-Action Lawsuit Over Privacy Violations by AI Smart Glasses

Over 70 plaintiffs are suing Meta in a class-action lawsuit, alleging that intimate video and audio captured by Meta AI smart glasses were sent to contractors in Kenya to train AI systems without consent.

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Meta Faces Class-Action Lawsuit Over Privacy Violations by AI Smart Glasses
Photo: Mako / מארק צוקרברג | צילום: Craig T Fruchtman/Getty Images

More than 70 people who purchased, used, or were captured on Meta AI glasses are suing the company, alleging that intimate photos and videos captured by the devices were sent to contractors in Kenya for data labeling and review to train its artificial intelligence systems. According to an amended class-action lawsuit filed in late August, as reported by the New York Post, the captured materials allegedly included people undressing, using the restroom, having sexual relations, and typing passwords—with some subjects entirely unaware that the glasses were recording.

The Scope of the Lawsuit and Privacy Concerns

The litigation comes as Meta prepares to showcase new wearable devices at its developer conference in Menlo Park on September 23. The company markets the smart glasses as a hands-free way to capture photos and videos, make calls, listen to audio, and use Meta AI. Tina Wolfson, an attorney representing the plaintiffs, told the Los Angeles Times that the case also concerns individuals who may have never consented to being filmed or having their likeness used for AI development. People who bought these gadgets thinking they were cool tech did not realize that every time they triggered the AI, video was sent to train Meta's artificial intelligence, she noted.

Meta denies the allegations and says it will fight the lawsuit. A company spokesperson told the Los Angeles Times that when using Meta AI, some information may be reviewed to improve company products, adding that Meta takes steps to remove identifying details and protect privacy. The lawsuit cites an investigation published in February by Swedish newspapers Svenska Dagbladet and Göteborgs-Posten, based on interviews with more than 30 current and former employees of Meta subcontractor Sama, as well as former Meta employees. Some contractors in Kenya stated that they reviewed photos captured through Meta glasses and that in some cases, the faces of those filmed were still visible despite blurring attempts.

Expanding Legal Scrutiny and Facial Recognition

Plaintiffs claim that both video and audio can be sent to Meta when a wearer activates the voice assistant by saying "Hey Meta," and that this feature can sometimes trigger unintentionally. Concurrently, legal scrutiny surrounding the glasses is expanding to facial recognition technologies that Meta has considered integrating into them.

Andrew Bosworth, Meta's Chief Technology Officer, spoke in July about a potential feature called NameTag, designed to help wearers remember names of people they meet. A separate proposed class-action lawsuit filed this month in Illinois alleges that Meta used publicly posted photos on Facebook and Instagram to train AI that could eventually power NameTag and other facial recognition tools.

Jeremy Wall, a California resident, is one of the plaintiffs in that case. According to the lawsuit, Wall posted photos of himself and his daughter on Facebook and Instagram; his Instagram account is public, and his Facebook account was previously public. Wall contends that Meta never informed him these photos could be used to train NameTag and believes the company utilized them for that purpose. People should not fear that their biometric data will be exploited just because their photos appear on a social media platform, Justin Boly, an attorney representing the plaintiffs in the Illinois lawsuit, said in a statement to the Los Angeles Times.

Upcoming Camera-Free Models and Wider Incidents

Meanwhile, Meta plans to launch smart glasses without a camera this coming fall, according to a Reuters report citing The Information. The model, codenamed Luna, will feature six microphones, speakers, and a button for quick activation of Meta AI, but will omit camera capabilities. The move comes amid growing criticism over the recording capabilities of existing glasses. According to the report, Meta may unveil the model at the Connect conference in late September and begin marketing it in October. The company has not yet confirmed these details.

This is not Meta's first controversy. Last May, a woman in London discovered she was filmed without her knowledge by a content creator who subsequently attempted to extort her, claiming that removing the video from the network was a paid service. It made me feel exploited and helpless, Alice told the BBC after the footage spread across social networks. Although the videos were eventually removed from social platforms, experts warn that removing offensive content retrospectively is not enough—the ability to profit from it must be halted.

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