Smart glasses in the workplace are here, and most employers haven't even realised it yet. We already live in a world full of “smart” everything: smartphones, smartwatches, smart appliances, and smart home assistants like Alexa and Google. So, what’s next? Well…. smart glasses!

Smart glasses are wearable eyewear that look just like a pair of average glasses or sunglasses but have features such as cameras, microphones, sensors, speakers and sometimes AI assistance integrated into it. 

Even Kmart has jumped on this bandwagon, releasing its Anko smart glasses for just $89.00, which sold out in a week of being released!

So, what does this mean for workplaces?

Many workplaces have likely covered off the use of mobile phones, social media, surveillance and CCTV in the workplace by way of policies and training, but I doubt that any of these policies even considered the use of smart glasses when they were written (and rightly so… smart glasses likely did not even exist then).

With this new technology well and truly available to anyone, workplaces need to be aware and prepared for the risks that come with this new wave of technology. It deserves immediate attention because there are risks that you need to know about.

The Risks

Surveillance risks

With smart glasses looking like normal glasses, and having capability to record and even live stream, this means someone in your business could be recording private conversations and capturing sensitive information without you ever knowing about it.

So what are the risks to you and your business?

Data and cyber security risks

With smart glasses having the potential to capture so much, it makes it even more difficult to manage keeping confidential information, well, confidential. This can make it much harder for businesses to control how their private and sensitive information is stored, protected and used. It also increases the risk of accidental privacy breaches. And, on top of that, it can open the door to more sophisticated scammers and fraudulent activity, especially as bad actors get savvier with the way they operate.

Work health and safety risks

We all know and appreciate the importance of safety in the workplace, and there has been a significant shift towards ensuring the mental / psychosocial safety of employees as well. Physically, smart glasses could create a visual or cognitive distraction with its AI functionality, the glasses itself may also impact peripheral vision – essentially creating a hazard in the workplace that may increase the likelihood of workplace accidents.

From a psychosocial safety angle, even the perception that someone might be wearing smart glasses can make people feel watched or unsettled. If the glasses are used to record employees without consent, or to intimidate them, the risk becomes a genuine harassment and safety concern.

It can impact trust and culture. If staff genuinely don't know whether they might be recorded at any given moment, that changes how people behave in the lunchroom, in one on ones, in every informal conversation; this is a cultural death knell.

Privacy and confidentiality risks

Because smart glasses can quietly capture so much, businesses could find commercially sensitive information, intellectual property, trade secrets, client information or private conversations being recorded without anyone really clocking it. That can create real issues, exposing the business to breaching contractual obligations and privacy laws as well as create risks to reputation and the business's ability to remain competitive. While we know employees can capture recordings and images on their phones now, the smart glasses take this to a whole new level of covert behaviour that is harder to detect.

Employment law

The use of smart glasses brings with it many unknowns about how our current workplace laws will apply. For example, the employer’s ability to direct employees not to wear smart glasses must meet the “lawful and reasonable” direction threshold. This direction may be simple, but what about if the smart glasses assist an employee who may be vision impaired? The technology could provide real-time audio descriptions for a vision impaired employee. Implementing a blanket ban on the use of smart glasses could inadvertently expose the business to discrimination claims. 

What can you do to mitigate these risks?

With all these risks (and likely other risks that will slowly be revealed as the technology becomes more mainstream), it begs the question on every employer’s mind. What can we do to mitigate these risks?

Well, first things first, have a policy in place!

And while I would love to recommend a policy that has blanket ban on any employee using smart glasses in the workplace, with anyone requiring their use for genuine reasons needing to provide evidence of this to get an exemption from the policy, it may be more prudent to implement a well thought out policy that addresses all of the key concerns. So, either go the blanket ‘no smart glasses allowed’ policy allowing for genuine exemptions (Deb’s personal favourite 😊), or develop a policy that includes specific areas such as:

No recording zones

The policy should address a ban of the use of smart glasses in areas such as bathrooms, change rooms, meeting rooms where staff will discuss confidential information. Also other areas or situations where there is risk of exposing the business to potential breaches of contractual and legal obligations.

Confidentiality and Intellectual property

The policy should prohibit employees from wearing smart glasses in situations where they might expose sensitive information or intellectual property. This includes both visual and audio exposure. It should also cover what happens if someone inadvertently captures such information: they must not share, upload or store it, and must delete it immediately.

Disclosure

Policies should require employees to disclose when they're using smart glasses, and to obtain consent from the business and from anyone the glasses may capture.

Security

The policy should set rules for how any captured information through the use of smart glasses is stored if use is permitted. This may include requiring employees to store captured data only on employer-approved systems, and banning personal storage altogether, so the employer can demonstrate due diligence in protecting its data.

Reasonable adjustments

The policy should address a clear process for employees to request the use of smart glasses where it may assist with a disability.

Consequences

The policy should address the consequences of breaching the policy and also address the employer's right to inspect smart glasses where there may be a suspected breach.

Harassment

The policy should completely ban capturing any images or sound without the express permission of the person being recorded. Failing to manage this can open the door to any number of harassment and sexual harassment complaints.

Other things you can do

• Implement a declaration process for employees to confirm all data captured at work has been permanently deleted during the offboarding process.
  
• Conduct risk assessments for both physical and psychosocial hazards due to the use of smart glasses.
  
• Consider how you'll manage third parties' and visitors' use of smart glasses.
  
• Conduct training on the use of smart glasses in the workplace to ensure employees have awareness of their obligations and compliance requirements, and what they should do if they suspect they have been recorded without their permission.
  
• Review and monitor the development of smart glasses, their use and how effective the policy is. Update your policy as required.
  
• Consult with your team on how best to manage the use, and misuse, of smart glasses in the workplace.
  

While we may not be fully aware of all the risks, consequences and application of the law when it comes to smart glasses as it is a new and developing area, there are still actions we can take as businesses to prepare for this new wave of technology. Our team strongly encourages you to get ahead of this quickly, before a sexual harassment claim lands in your lap, or you realise that the employee leaving in a few weeks has captured all of your business trade secrets on their way out the door….

HR Staff n' Stuff can help you develop a policy for the use of smart glasses and help you manage any challenges along the way. Reach out anytime, because you know – we’re always here to help!

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