Smart glasses are having a moment. And if New York’s recent statewide ban on smart glasses in courtrooms is any indication, the legal issues surrounding wearable technology may be having one, too.
In a recent interview with UC Today, CM Law Partner Beth Fulkerson, Chair of the firm’s Privacy, Data and Cybersecurity Practice, discussed what the courtroom restrictions could signal for other highly sensitive environments — including workplaces and hospitals.
Beth noted that the New York restriction is less a radical new legal concept than an application of an existing one: courtrooms already restrict recording devices. The problem with smart glasses is that they can make recording considerably harder to detect.
That raises some obvious questions for employers.
Could an employee use smart glasses to capture confidential information, trade secrets or colleagues’ personal data? What happens when employees reasonably object to being recorded in workplaces, restrooms or locker rooms?
But, as Beth points out, employers shouldn’t necessarily reach for the easiest answer: a blanket ban.
Smart glasses may also provide legitimate accessibility benefits for some employees, potentially creating disability-accommodation considerations. Workplace policies also need to account for labor-law protections involving safety, communication, and whistleblowing.
“It’s not a good idea to always have a blanket ban in the workplace,” Bet said. “There may be reasons that people need them.”
And then there are hospitals, where the potential upside of wearable technology — from assisting with record keeping to improving access to patient information — runs directly into some of the most sensitive privacy concerns imaginable.
Healthcare organizations considering smart glasses will need to think carefully about authorization, access controls, and safeguards around patient information and images.
The bigger takeaway? Smart glasses aren’t necessarily creating an entirely new category of legal problems. They’re putting familiar issues — recording, surveillance, privacy, biometric data, confidentiality and trade secrets — into a much harder-to-police package.
As wearable technology becomes more common, organizations will need policies that do more than simply say “no.” They’ll need to balance privacy and confidentiality with accessibility, workplace rights and the legitimate benefits of new technology.
If you are wondering about the impact of these kinds of technologies on your organization, please reach out to Beth directly at bfulkerson@cm.law.
CM Law (cm.law) – formerly Culhane Meadows – is the largest national, full-service, women-owned & managed (WBE) law firm in the United States. Designed to provide experienced attorneys with an optimal way to practice sophisticated law while maintaining a superior work/life balance, the firm offers fully remote work options, a transparent, merit and math-based compensation structure, and a collaborative culture. Serving a diverse clientele—from individuals and small businesses to over 40 Fortune-ranked companies—CM Law is committed to delivering exceptional legal services across a broad spectrum of industries.
The foregoing content is for informational purposes only and should not be relied upon as legal advice. Federal, state, and local laws can change rapidly and, therefore, this content may become obsolete or outdated. Please consult with an attorney of your choice to ensure you obtain the most current and accurate counsel about your particular situation.
