With the growing popularity of AI-enabled smart glasses, employers should be alert to a range of emerging litigation risks associated with employees wearing the devices at work.
While privacy and data security concerns are top of mind, employers must also consider issues involving disability accommodations, labor rights, and collective bargaining obligations. McCarter & English partner Scott Christie, whose practice includes information technology and data privacy litigation, told Law.com that smart glasses present unique challenges because the underlying AI models may continue collecting and using data even when a user is not actively recording. “There’s a whole host of issues that are raised, which is why it’s really important for employers to get ahead of this and think through how it’s going to affect them and their organization and their people and put robust policies in place,” Scott said.
Scott added that companies should carefully evaluate whether, when, and under what circumstances employees should be permitted to use the technology. Some organizations may choose to prohibit use altogether, while others may allow it only in limited situations or for specific employees. Whatever approach is adopted, employers should recognize that these devices are becoming increasingly prevalent and establish clear, consistent policies governing their use.