Australia’s privacy watchdog has launched a formal investigation into Shenzhen Qingcheng, the China-based developer behind the HeyCyan app used in Kmart’s $89 smartglasses. The probe follows months of public backlash over the devices’ ability to capture images and record high-definition video without notice.

Retailers removed the Anko-branded glasses from their websites as of Wednesday after a GetUp petition gathered more than 55,000 signatures demanding stricter controls. Critics have labeled the devices “pervert glasses,” prompting councils across Australia to restrict their use in public spaces like swimming pools. The federal government is also weighing limits on the technology in government workplaces.

Privacy Commissioner Carly Kind directed the investigation specifically at Shenzhen Qingcheng after the company failed to answer regulatory inquiries. Kind noted that independent analysis of the app’s technology and privacy policy also raised serious concerns. Other tech firms, including Meta and Google, will not face investigation under this process.

The commissioner highlighted a major hurdle in policing the devices: current privacy rules cover companies and government agencies, not individual users. “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. The regulator pointed out that software providers typically hold the data, making them the primary legal target.

The government has proposed updating privacy legislation to better cover surveillance wearables. “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,” Kind said. The updated standard would require companies to weigh individual consent and the best interests of children when collecting data.

Public concern follows academic findings that the technology is becoming harder to detect. Researchers at the University of Sydney reviewed 350 publicly available Instagram videos shot on smartglasses between 2023 and 2026. They documented a clear shift toward discreet point-of-view recording, with about 60% of the clips showing interactions that appeared to be potential harassment.

Local governments have moved ahead without waiting for federal action. Councils in Canterbury-Bankstown, Sydney City, Brisbane, and Yarra have already banned the glasses from certain venues. Shenzhen Qingcheng was approached for comment on the investigation.