Kmart has reportedly removed its so-called “pervert glasses” from sale after the Australian privacy regulator began investigating the Chinese software company behind them.

The Office of the Australian Information Commissioner said earlier this week it would formally investigate software developer Shenzhen Qingcheng Future Technology, which builds the software for the $89 glasses.

The controversial glasses, which some have said are styled after the Meta’s Ray-Ban smart glasses, sold out in less than a week when they were launched in July.

Privacy Commissioner Carly Kind said the investigation was launched after the OAIC made preliminary inquiries to various manufacturers and distributors of smart glasses, including Meta, Kmart, Google and app maker Shenzhen Qingcheng.

Kmart is no longer selling the $89 smart glasses. Photo: Kmart

There was no response from Shenzhen Qingcheng. Kind said that meant she had no assurance the Chinese company was protecting the personal data of Australians, as required by the Privacy Act.

“The failure of Shenzhen Qingcheng to respond to the OAIC’s inquiries raises concerns about the entity’s practices, procedures and systems to protect the personal information it holds,” she said.

“In those circumstances, I considered it was important to commence an investigation so that I could utilise my full range of powers to examine this issue, including issuing compulsory information gathering notices.”

Kind has also written to retailers of other devices that use Shenzhen Qingcheng’s HeyCyan app.

“The Australian community has expressed its concern about the proliferation of smart glasses and other surveillance wearables. Given the particular risks the OAIC has identified with the HeyCyan app, I would urge responsible retailers to consider whether it is appropriate to continue making these devices available,” she said.

The OAIC also found the same glasses as the Anko-branded models being sold at Kmart were available at other Australian retailers, including through Big W’s marketplace via Amazon and other retailers.

None of the other companies are involved in the Shenzhen Qingcheng investigation.

Kind highlighted the difficulty in applying privacy law to individuals who may use the devices. The Privacy Act applies only to companies and Commonwealth agencies – not individuals.

“Retailers that sell smart glasses – for example on an e-commerce website – or companies that manufacture them, may not have any Privacy Act obligations if they do not collect any personal information with respect to those devices,” Kind said.

“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.”

Meta unleashed a storm of controversy when it launched its AI-powered smart glasses in 2023, in collaboration with sunglasses brand Ray-Ban.

There have been multiple reports of the devices being used to harass women and girls in particular, filming them without their consent, then sharing the footage – leading to them being dubbed “pervert” or “creepy” glasses.

Across Australia, councils have banned them from public swimming pools while, earlier this week, one of the largest Dutch eyewear retail chains suspended sales of the smart glasses in ‌the Netherlands and Belgium.

“This decision follows the ongoing public and political debate surrounding smart glasses and the questions ‌being raised about the conditions under which this technology can be used,” a spokesperson for the Hans Anders chain said on Friday.

In Britain, pub chain Wetherspoons has restricted use of smart ‌glasses amid concerns ‌about covert ⁠recording, while Meta and Luxottica face a US suit alleging ​videos captured by the glasses were viewed by human annotators without the knowledge of people filmed.

Meta’s glasses cost upwards of $350 in Australia. By contrast, Kmart’s cost just $89 – and it sold thousands of pairs in just a few days when they launched in stores earlier this year.

They are no longer available online, but Kmart is still selling a $39 pair of Speaker Glasses that offer audio and sound recording.

The cheaper ‘Speaker Glasses’ are still available. Image: Kmart

Disability advocates say the tech can be life-changing. Vision Australia chief mission officer Chris Hastings said last month that such products had made it much easier for people with sight impairments to participate in daily life.

Accessibility for people like him outweighed any potential risks when considering a blanket ban, he said.

“There have been people that can use phones irresponsibly and do the wrong thing,” he said.

A Meta spokesperson said the company continued to develop its popular glasses.

“Every pair with a camera has a bright light on the front that blinks when you take a photo or video – ⁠it can’t be turned off, and the ‌camera ​is disabled if someone covers or tampers with it,” they said.

-with AAP