Pressure grows for regulation of smart glasses as legal risks are revealed

Employers should review their workplace policies as discreet smart glasses create fresh legal risks around data protection, confidentiality, privacy and workplace harassment.

Employment law firm TWM Solicitors warned that devices such as Ray-Ban Meta smart glasses combine discreet cameras with AI-powered features, making it easier for employees to make covert recordings at work without drawing attention.

Unlike mobile phones, the glasses can be used hands-free, increasing the risk that confidential business information, trade secrets or personal data could be captured without colleagues' knowledge.

TWM said covert recordings could include client meetings, commercially sensitive negotiations, information displayed on computer screens or contained in documents, conversations with colleagues and HR discussions.

So far, few organisations in the UK outside courts and tribunals have banned smart glasses. Among those that have are the pub chain Wetherspoons and the theatre group ATG, as well as restaurants, schools and members' clubs.

His Majesty's Courts and Tribunals Service recently confirmed that the AI-powered specs will be confiscated at the door.

In March this year, a claimant was accused by a judge of wearing smart glasses in the high court and of being "coached" through them while giving evidence.

Laimonas Jakštys was told to remove the glasses during a case over the directorship of a property company. Raquel Agnello KC, sitting as judge, said Jakštys had been "assisted or coached in his replies to questions put to him during cross examination". Jakstys denied using the smart glasses to receive answers, and denied they were connected to his phone.

In June the union USDAW warned that retail workers were facing increasing risks from members of the public using smart glasses to secretly record them at work, after a sales assistant discovered he had been filmed and featured in a video posted to TikTok and YouTube by former television presenter Michael Barrymore, without their knowledge or consent. Barrymore, who regularly records his daily activities using smart glasses equipped with a hidden camera, shared the footage with thousands of followers online.

Covert recording

Oliver Milton, solicitor at TWM, said: "Smart glasses 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."

He warned that sensitive or embarrassing material could also be uploaded to social media almost instantly, meaning employers "are going to have to think carefully about the use of smart glasses in the workplace".

The firm said employers already encountered cases where staff secretly recorded disciplinary or grievance hearings for use in later disputes. Even where a recording breaches workplace rules, it was conceivable that employment tribunals may still admit it as evidence depending on the circumstances, TWM claimed.

It also highlighted employers' obligations under UK GDPR, noting that recording colleagues, customers or confidential documents may amount to processing personal data and create compliance risks if appropriate safeguards were not in place.

Third-party harassment

TWM added that employers should also consider the impact of the new duty to prevent third-party harassment, due to come into force in October. Businesses in sectors such as hospitality, retail and leisure may need to consider whether restricting the photographing or recording of staff should form part of the reasonable steps they take to protect employees. Some airlines already refer to the recording of staff before take-off.

Milton said employees should also understand the potential consequences of misusing wearable technology. "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," he said.

However, TWM cautioned employers against introducing blanket bans on smart glasses because they may provide important support for some disabled employees.

The devices could assist people with visual or hearing impairments, or neurodivergent conditions, by providing real-time captions, audio assistance, visual prompts and hands-free access to information, potentially making them a reasonable adjustment under the Equality Act 2010.

"Some disabled employees will benefit greatly from technological advancements such as smart glasses," Milton said. "A blanket ban, without considering individual circumstances, could create discrimination risks."

Review policies

The firm recommends employers review policies covering disciplinary and grievance procedures, data protection, confidentiality, IT, communications and social media. It also advises organisations to clarify when workplace recording is permitted, whether consent is required, set out disciplinary consequences for misuse and train managers to deal with issues involving wearable technology.

"Wearable technology is evolving rapidly and workplace policies need to evolve with it," Milton said. "Employers who review their policies now are far more likely to avoid disputes later."