Employers warned over growing legal risks of smart glasses in the workplace

Employers should review their workplace policies as a new generation of increasingly discreet smartglasses create fresh legal risks around data protection, confidentiality, privacy and workplace harassment, says TWM Solicitors, a leading employment law firm. 

Smartglasses, such as Ray-Ban Meta glasses, combine discreet cameras with other AI-powered features. As the technology becomes more commonplace and less noticeable, it is becoming easier for employees to make covert recordings at work that could capture confidential business information, trade secrets or personal data.

This could include:

• Client meetings
• Commercially sensitive negotiations or discussions
• Information on computer screens or phones or contained in documents
• Conversations with colleagues or others
• HR discussions.

Unlike recording on a mobile phone, smartglasses can be used hands-free and without drawing attention, making secret recording much easier and increasing the risk of workplace disputes.

TWM says that covert recordings in the workplace can already be a problem with employees who are subject to disciplinary hearings or grievance hearings occasionally making covert recordings for later use. Employers can then find themselves dealing with disputes over covert recordings or the accuracy and context of conversations.

Even where a recording breaches workplace rules, Employment Tribunals may still admit it as evidence, depending on the circumstances.

Employers also need to consider their obligations under UK GDPR. Recording colleagues, customers or confidential documents may involve the processing of personal data, creating risks for the organisation if appropriate policies and safeguards are not in place.

From October this year, employers will become liable for the third-party harassment of employees by customers unless they can demonstrate that they took all reasonable steps to prevent it. Businesses in sectors such as hospitality, retail and leisure may therefore need to consider whether restricting the photographing or recording of staff should form part of these preventative measures. Some airlines already refer to recording of staff before take-off.

Oliver Milton of TWM says: “Smartglasses are becoming increasingly difficult to detect, making covert recording much easier than using a mobile phone.”

“That creates obvious risks for confidential information, but it also raises wider issues around trust, privacy and workplace culture.”

“Employers are going to have to think carefully about the use of smartglasses in the workplace, especially as sensitive or embarrassing material can be uploaded to social media almost instantly.”

Oliver adds: “Employees also need to be aware that misusing smartglasses holds risks for them and could lead to disciplinary action, including dismissal in serious cases.”

“The existence of covert recording can undermine the trust and confidence of the employer and may amount to misconduct, potentially gross misconduct, particularly where there has been an attempt to undermine confidentiality or capture private deliberations.”

Privacy and workplace culture

Oliver explains that co-workers and clients are likely to feel uncomfortable being recorded without their knowledge or consent. There are also obvious safeguarding concerns in sectors such as education, alongside professional confidentiality obligations in many workplaces.

Oliver adds: “People may feel less willing to discuss sensitive matters if they believe conversations could be recorded without their knowledge. In some cases, this may contribute to grievances, allegations of harassment or complaints about workplace monitoring and privacy.”

Smart glasses as a reasonable adjustment

Despite the risks, employers should avoid taking an overly simplistic approach. Smartglasses may provide genuine workplace benefits for some disabled employees and could potentially amount to a reasonable adjustment under the Equality Act 2010.

For example, smartglasses may assist employees with visual impairments, hearing impairments, or neurodivergent conditions by providing:

• Real-time captions or transcription
• Visual prompts or reminders
• Audio assistance
• Hands-free access to information.

Oliver explains: “Some disabled employees will benefit greatly from technological advancements such as smartglasses. These devices can help remove any workplace disadvantages and can be used as reasonable adjustments where appropriate. A blanket ban, without considering individual circumstances, could create discrimination risks.”

Reviewing workplace policies

Given the risks and opportunities presented by wearable technology, and the growing use of smartglasses, employers should consider whether their existing policies and procedures adequately address smartglasses and similar devices.

Relevant policies to review include: disciplinary and grievance procedures; data protection policies; confidentiality policies; IT and communication policies; and social media policies.

Employers should also consider:

• Whether recording workplace meetings should be generally permitted or restricted to limited circumstances
• When consent is required before recording
• Whether wearable technology is permitted generally or permitted only in certain situations
• Warning expressly of the potential disciplinary consequences of misuse
• Training managers to identify and address issues involving smart glasses in the workplace. 

Oliver concludes: “Wearable technology is evolving rapidly and workplace policies need to evolve with it. Employers who review their policies now are far more likely to avoid disputes later.”

Source: hrnews.co.uk