The short answer is yes. All indicators are that wearable technology will increasingly transform workplaces in the months and years to come. While smartwatches and fitness trackers are not new, smart glasses and other devices, like wearable health monitoring devices, are becoming increasingly common.

These technologies may offer benefits, including improved communication, enhanced productivity, and workplace safety, but they also introduce significant and increasing legal, privacy, and security concerns. Employers should consider implementing clear workplace policies that address the use of wearable technology.

Understanding the Risks

Wearable devices are fundamentally designed to collect and transmit data. Depending on the device, that data may include employee location information, biometric measurements, communications, audio recordings, photographs, and even health-related data. The collection of this data raises significant privacy concerns in the workplace.

Unique Risks of Smart Glasses

Among the growing variety of wearable technologies, smart glasses merit particular attention. Unlike traditional smartwatches or fitness trackers, smart glasses combine audio, video, photography, artificial intelligence, and internet connectivity in a device that can be used discreetly throughout the workday. Because the recording features are embedded in eyewear that resembles ordinary glasses, coworkers, clients, and customers may not realize when audio or video is being captured.

This creates several workplace concerns. First, employees wearing smart glasses may inadvertently (or intentionally) record confidential meetings, proprietary business information, trade secrets, or sensitive customer interactions. Employers operating in regulated industries face even greater risks given additional compliance requirements.

Second, smart glasses may raise employee privacy concerns. Other workers may be unaware that conversations, workplace interactions, or even routine discussions could potentially be, or actually have been, recorded by a colleague.

Third, the integration of artificial intelligence features into smart glasses presents additional and evolving risks. Certain devices can process captured information, answer questions based on what the user is viewing, or transmit information to cloud-based services for analysis. This raises important questions about data ownership, confidentiality, cybersecurity, and the extent to which workplace information may be shared with external technology providers that have no relationship with the employer.

Key Elements of a Wearable Technology Policy

A wearable technology policy should establish expectations and demonstrate that the organization is committed to balancing innovation with privacy and security concerns. Clarity and transparency are critical. While employers’ needs may differ, wearable technology policies should generally address several fundamental issues.

• Employers should identify which devices are – and are not – allowed in the workplace, and any limitations on recording, photography, or audio capture.
• Policies should address data security requirements, including the use of passwords, software updates, and restrictions on connecting devices to company systems.
• Employers should also clarify whether wearable technology may be used in areas where confidential information is discussed, displayed, or otherwise available to employees.
• Policies should address whether employer-issued devices, or any employer-issued accounts linked to personal devices, may be monitored.
• Employers must also consider how wearable technology policies interact with existing policies governing confidentiality, electronic communications, cybersecurity, and workplace monitoring.

Preparing for the Future

As these devices become more sophisticated and integrated into daily work activities, the legal and operational challenges surrounding their use in the workplace will continue to evolve. Employers that proactively address these issues are better positioned to protect sensitive information and reduce risk.

Wearable technology affects businesses and organizations of all sizes and in all industries. Employers should evaluate whether their existing workplace policies adequately address the realities of connected devices, particularly those devices with built-in audio and image recording capabilities. By taking a thoughtful and proactive approach, employers can embrace the evolution of wearable technology in the workplace while minimizing the risks that accompany it.