Quick answer: In Canada, filming someone in a public place is not automatically illegal, and a person who is part of a private conversation can generally record it. But a business that collects, stores or uses recordings of identifiable people is subject to privacy law, including the consent rules in PIPEDA. The backlash over Meta's Ray-Ban smart glasses shows why founders building AI wearables and camera-enabled apps need to plan for bystanders, not just their own users.

Key takeaways: Personal recording and corporate data collection are different legal questions. If your product captures images, audio or video of people who never agreed to your terms, design for notice, data minimization and retention limits from day one, and make sure your privacy policy and terms of service describe what really happens to that data.

Why are Meta's smart glasses controversial?

Meta's Ray-Ban glasses look like ordinary sunglasses but include cameras, microphones and AI features, so wearers can take photos and video hands-free. In August 2026, CBS News reported on a woman who learned she had been filmed without her knowledge only after friends sent her the video, which she said reached roughly 200,000 views before it was taken down. Reports have described a wider trend of creators using smart glasses to film strangers for social content.

Meta says an LED turns on during recording and that capture is disabled if the light is covered. CBS testing found the safeguard did not work when the light was covered after recording had started. In September 2026, Meta announced changes so that tampering with the LED mid-recording also stops the camera, along with removing posts that explained how to disable the light.

Is it legal to record someone without consent in Canada?

It depends on what is recorded and who is doing it.

Private conversations: Under section 184 of the Criminal Code, intentionally intercepting a private communication is an offence, but the law does not apply where one party to the conversation consents. That is why Canada is often called a "one-party consent" jurisdiction.

Public places: Recording someone in public is not automatically illegal, but other rules can still apply, including voyeurism provisions, harassment, and civil claims such as intrusion upon seclusion in Ontario.

Businesses: PIPEDA applies when an organization collects, uses or discloses personal information in the course of commercial activity. An identifiable face or voice in a video can be personal information. A company that uploads, stores or analyzes recordings generally needs meaningful consent and a clear purpose, subject to limited exceptions. The Office of the Privacy Commissioner of Canada has specifically flagged wearable devices with discreet cameras as a privacy risk for bystanders.

What happens to the data after it is recorded?

For AI products, the recording is often just the start. Footage and audio may be uploaded to the cloud, processed by AI models, reviewed to improve features, retained or shared with vendors. Each step raises questions your users and regulators will ask: Was the person told? Where is the data stored? How long is it kept? Is it used for training AI models? If you have users in Québec, Law 25 adds requirements such as privacy by default and privacy impact assessments for new technology projects.

What can AI and wearable founders learn from the Meta backlash?

• Collect only what you need. If a feature works without storing raw video, do not store it.
• Make capture obvious. Indicators, sounds and on-screen cues help bystanders know they are being recorded, and they should be hard to defeat.
• Explain uses that are not obvious. Human review, AI training and sharing with model providers belong in plain language in your privacy policy and AI terms of use.
• Set retention limits and deletion paths, including for people who are not your customers.
• Govern misuse. An acceptable use policy that bans covert recording and harassment gives you a basis to suspend bad actors.
• Check your vendor contracts. A data processing agreement should cover cloud and AI providers that touch recordings.

FAQ

Can I legally wear smart glasses that record in Canada?

Generally yes, but how you use them matters. Recording private conversations you are not part of, recording in places where people expect privacy, or posting footage in a way that harasses someone can create criminal or civil liability.

Does PIPEDA apply to individuals who post videos?

PIPEDA does not apply to personal information collected for purely personal or domestic purposes. It does apply to organizations, and courts and regulators may treat monetized creator content differently from purely personal use, so creators running a business should get advice.

What should a privacy policy for an AI wearable or camera app include?

What is captured, from whom (including bystanders), where it is processed and stored, whether it trains AI models, who it is shared with, how long it is kept, and how people can ask for access or deletion.

Building an AI device, camera feature or app that collects personal information? For Founders Law drafts privacy policies, terms of service and cookie consent, AI terms and disclosures and DPAs for Canadian tech companies at a fixed fee. Book a free consultation.

Sources: CBS News (August 2026); CBS News (September 2026); BBC News; Criminal Code, s. 184; Office of the Privacy Commissioner of Canada.

By Brooke Ash, BA, JD, founder of For Founders Law PC, licensed by the Law Society of Ontario. Last reviewed October 26, 2026. General information only, not legal advice. Related reading: Bill C-34 explained and our startup, AI and tech law glossary.