LIWA Industry Alert

Smart Glasses & Wearable Recording Devices in Aquatic Facilities

The increasing availability of smart glasses and other wearable recording devices is creating new privacy and child safeguarding considerations for aquatic and recreation facilities.  Unlike traditional phones and cameras, smart glasses can record photographs and video discreetly, making it difficult for patrons and staff to know when recording is taking place.  This is particularly relevant in aquatic facilities where large numbers of children and young people participate, patrons are commonly in swimwear, and changerooms and other private areas are located close to public activity spaces.

What is happening nationally?

A number of Australian local governments have recently introduced or considered specific controls around smart glasses and wearable recording devices.

Brisbane City Council has updated the Conditions of Entry across its public pools to prohibit photography or recording without prior consent. The requirements specifically include smart glasses, wearable cameras, action cameras and other camera-enabled devices. Camera-enabled devices cannot be used in changerooms.

Toowoomba Regional Council has adopted a stronger position, stating that Meta glasses and other body-worn recording devices are not permitted at its pools, including when they are switched off or not recording.

In Victoria, Yarra City Council has also moved to address camera-equipped smart glasses at council facilities, including consideration of appropriate exemptions for people with disability who rely on the technology.

The issue is developing quickly as wearable recording technology becomes cheaper, more discreet and more widely available.

What about WA?

There is currently no identified WA-wide prohibition specifically addressing smart glasses in aquatic facilities.  However, existing child safeguarding, privacy and facility management requirements provide a strong basis for operators to consider how these devices should be managed. WA child safe guidance requires organisations to identify risks and create environments that minimise opportunities for children and young people to be harmed.  Existing WA guidance on photographing and filming children in sport and recreation settings also recognises the need for organisations to establish appropriate rules around photography and recording.

What should aquatic facilities consider?

LIWA recommends facility operators review their Conditions of Entry, photography policies, child safeguarding procedures and changeroom rules to ensure they adequately address wearable recording technology.  Where possible, policies should be technology-neutral so they apply not only to today's smart glasses, but also to future wearable cameras and recording devices.

Facilities should consider:

• prohibiting smart glasses and other wearable recording devices in changerooms, toilets, showers and other private areas;
• requiring management approval for the use of wearable recording devices elsewhere within the facility;
• ensuring patrons do not deliberately photograph or record other people without consent;
• providing reasonable exemptions where smart technology is required as an accessibility or assistive device;
• clearly communicating requirements through Conditions of Entry and signage; and
• ensuring staff understand how to respond where inappropriate recording is suspected.

Suggested Condition of Entry

Photography, Recording and Wearable Devices

To protect the privacy, dignity and safety of patrons, photography, filming or recording of another person without their consent is not permitted within the facility.  Camera-enabled smart glasses, wearable cameras and other discreet body-worn recording devices must not be used within the facility without the prior approval of facility management.

The wearing or use of camera-enabled smart glasses, wearable cameras or other recording devices is prohibited in changerooms, toilets, showers and other designated private areas, regardless of whether the recording function is activated.

Photography or recording undertaken for an approved sporting, program, media or personal purpose must comply with facility requirements and child safeguarding policies.  Reasonable exemptions may be provided where smart technology is required as an accessibility or assistive device.

Patrons must comply with reasonable directions from facility staff. Failure to comply may result in removal from the facility.

Facility Manager Checklist

Facility managers are encouraged to consider the following actions:

1. Review your Conditions of Entry
Check that existing photography and recording requirements cover smart glasses, wearable cameras and other emerging recording technologies.

2. Review changeroom and private-area rules
Ensure camera-enabled wearable devices are clearly addressed in changerooms, toilets, showers and other private areas.

3. Check your signage
Consider whether additional signage is required at facility entrances and changerooms advising patrons of restrictions on photography, recording and wearable devices.

4. Brief your staff
Make sure frontline staff understand the facility's position and know what to do if they identify smart glasses or suspect inappropriate recording.

5. Consider accessibility requirements
Have a process for reasonable exemptions where smart glasses or similar technology are being used as an accessibility or assistive device.

6. Establish an escalation process
Clearly identify when an issue should be referred to the Duty Manager, child safeguarding lead, senior management or WA Police.

7. Record incidents
Document incidents involving suspected inappropriate photography or recording in accordance with your organisation's incident reporting and child safeguarding procedures.

A simple question for facility managers

If someone walked into your aquatic centre today wearing camera-enabled smart glasses, would your staff know what to do?

If the answer is no, now is a good time to review your Conditions of Entry, procedures and staff guidance.

LIWA Recommendation

This is an emerging issue and LIWA encourages aquatic and recreation facility managers to review their current policies now rather than waiting for an incident to occur.

The objective is not to unnecessarily restrict new technology. It is to ensure facilities have clear, practical and enforceable expectations that protect the privacy, dignity and safety of patrons — particularly children and young people.

As wearable technology continues to evolve, LIWA will continue to monitor developments across Australia and provide further information to members where appropriate.

Further Information

Facility operators may wish to review:

• Brisbane City Council – Pool and Water Park Conditions of Entry
• Toowoomba Regional Council – Pool Policies
• WA Government guidance on Child Safe Organisations
• WA guidance on photographing and filming children in sport and recreation
• their organisation's existing Child Safeguarding Policy, Conditions of Entry and photography/filming procedures.

This Industry Alert is provided as general industry guidance and does not constitute legal advice. Facility operators should consider their individual circumstances and organisational requirements when developing or amending Conditions of Entry and operational policies.