Smart Considerations for the Use of Smart Glasses at Work

As wearable technology continues to evolve, smart glasses are becoming an increasingly popular accessory. While these devices offer numerous benefits, they also present unique legal challenges, particularly in California, where privacy and workplace safety are paramount. Employers must navigate these issues carefully to ensure compliance with applicable laws and maintain a safe and respectful work environment.

Privacy Concerns
One of the primary legal issues surrounding the use of smart glasses in the workplace is privacy. California’s stringent privacy laws, including the California Consumer Privacy Act (CCPA), require employers to protect employees’ personal information. Smart glasses, equipped with cameras and microphones, can inadvertently capture sensitive data, leading to potential privacy violations. California is also a two-party consent state and smart glasses can surreptitiously record both audio and video.

Corporate Espionage
Smart glasses can record video, take pictures, or even livestream without drawing attention, making it easy to steal trade secrets, intellectual property, or capture confidential meetings, without sufficient recourse for employers. Employees or visitors could use them to effortlessly scan documents, whiteboards, or prototypes without permission. The glasses can be programmed with AI-powered text recognition (OCR) to analyze and store information from screens, ID badges, or secure locations without manual recording. In addition, hackers could exploit real-time data overlays to extract company data.

Potential Distractions

Smart glasses can also pose a risk of distraction, potentially impacting productivity and safety. Employers should conduct thorough risk assessments to identify potential hazards associated with the use of smart glasses. This includes evaluating the specific tasks employees perform and determining whether smart glasses could interfere with their ability to focus or perform safely.

Compliance with Workplace Safety Regulations

California’s workplace safety regulations, enforced by the California Division of Occupational Safety and Health (Cal/OSHA), require employers to maintain a safe working environment. The use of smart glasses must not compromise safety standards. Employers should implement guidelines that restrict the use of smart glasses in situations where they may pose a safety risk, such as operating heavy machinery or performing tasks that require undivided attention.

Protected Concerted Activity

While employers are generally prohibited from banning all workplace recordings under guidance from the National Labor Relations Board (NLRB), limits on use of smart glasses that do not necessarily prohibit use of cell phones or other recording device should withstand scrutiny.

Practical Tips for Employers

To address these legal challenges, employers should consider the following practical issues and how to best manage use of smart glasses in the workplace:

1. Develop Thoughtful Policies: Create clear policies regarding the limits and acceptable use of smart glasses, ensuring compliance with California privacy laws and protection of confidential information. These policies should address data collection, storage, and sharing practices. Ensure policies address exceptions for disability or religious accommodations when warranted.
2. Conduct Risk Assessments: Regularly assess the potential risks associated with smart glasses in the workplace. Identify tasks where their use may be inappropriate or hazardous.
3. Provide Employee Training: Educate employees on the proper use of smart glasses, emphasizing privacy and safety considerations. Training should include information on company policies and the legal implications of misuse.

By proactively addressing these issues, employers can harness the benefits of smart glasses while minimizing legal risks and ensuring a safe and compliant workplace.