Recording technology has been part of working life for years. Most employers have policies covering mobile phones, video calls, and the handling of confidential information. But a new generation of AI-enabled wearable technology is creating risks that many organisations may not yet be prepared for.
Smartglasses, such as Ray-Ban Meta, combine everyday eyewear with features including audio recording, photography, video capture, and artificial intelligence. As these devices become more sophisticated, affordable, and widely adopted, they are raising important questions about privacy, data protection, confidentiality, and workplace conduct.
To find out more about the legal implications, we spoke to Julie Temple, Employment Partner at Knights. Julie primarily supports commercial entities providing comprehensive, commercial support across the full spectrum of workplace issues, including day-to-day HR advice, complex legal and employment matters, and dispute resolution.
Recording without anyone realising
The concern isn't simply that smartglasses can record. Smartphones have had that capability for years. The difference is how discreetly they can do it.
"As with mobile phones and other devices, it won't necessarily be obvious they are recording or, even more concerning, that they can record at all," says Julie. That raises concerns for organisations handling confidential information, whether that's personal data, commercially sensitive discussions, or intellectual property.
While deliberate misuse is one risk, inadvertent recording may prove just as problematic. "There is a risk of inadvertent and unintentional capture as well as deliberate and/or malicious capture," Julie explains.
Employers have largely adapted to the possibility of audio recordings being made on personal devices. Wearable technology expands that risk by making it easier to capture images and video as part of everyday activities.
More than a privacy issue
Much of the conversation around smartglasses focuses on privacy, but the implications are broader. Alongside data protection concerns, there are potential risks around confidential business information and intellectual property.
Julie believes the technology makes it significantly easier to remove information from an organisation without attracting attention.
"Someone videoing something or taking a picture on a phone is much more obvious than someone wearing glasses taking a closer look or reviewing a document, all while the wearable is capturing what can be seen and what is said."
For businesses whose competitive advantage depends on proprietary information, client relationships, or specialist knowledge, that presents a real challenge. The capability may not be new, but the ease with which information can be captured certainly is.
While questions about GDPR are important, Julie points out that compliance is only one aspect of the issue. Employees often feel uncomfortable knowing colleagues may be recording without their knowledge, resulting in workplace relations issues alongside legal considerations.
Why policies need a second look
Many employers may assume their existing mobile phone or recording policies already cover wearable devices. This might be true in some cases, but assumptions can create problems.
"Employers are well advised to review IT, data protection, and similar policies to expressly refer to use of wearable devices,” Julie suggests. "In the absence of express provision there is always room for argument which is best to be removed."
Updating policies now may also put employers in a stronger position if disputes arise in the future. The use of recording devices, and AI more broadly, is already affecting workplace complaints and disagreements.
"The use of recording devices, and in particular use of AI, is increasing disputes, particularly around agreement of minutes of various meetings, but also where individuals record activities in the workplace to support a complaint they want to make."
It's also worth remembering that covert recordings may still be used within legal proceedings. As Julie explains: "Tribunals often consider evidence captured covertly. Whilst they may be critical that the evidence was obtained covertly, their main concern is whether the evidence is relevant to the case."
For employers, that's a useful reminder that good processes and clear policies remain essential, irrespective of the technology involved. And treat every meeting, especially HR discussions, as though it could one day be reviewed.
Can employers ban smartglasses?
Given the risks, an outright ban might seem like an obvious solution. But Julie urges caution.
"I absolutely understand the concerns and discomfort someone wearing them could give rise to amongst colleagues and for the employer," she says. "This said, I caution employers against an outright ban."
Smartglasses can support people with visual impairments or other health conditions. Under the Equality Act 2010, employers have a duty to make 'reasonable adjustments' and a blanket ban could create legal risk.
Julie recommends a more considered approach: "An employer should carry out a risk assessment around the use of wearables in the workplace, and even then, be careful, as employees might be using them to assist with a health condition and their use could be a reasonable adjustment."
A balanced policy lets employers protect confidential information while maintaining an inclusive workplace. However, that balance is likely to come under increasing pressure as wearable technology becomes more commonplace.
"I suspect we will see increased challenge where employees are not happy that these sorts of devices are used by colleagues in their workplace, even where used as a reasonable adjustment," says Julie. "Not least because the employer may not be able to expressly say they are being worn as an adjustment."
For employers, this highlights a potential challenge ahead. They may need to reassure employees about the use of recording-capable devices without disclosing personal information about a colleague's health condition or disability. As the technology evolves, workplace practices will need to evolve alongside it.
What employers should do next
"The law and workplace regulation can move quite slowly but this is an area that is developing rapidly. Currently, my view is that the current provisions cover the use of wearables and their recording capability," Julie explains.
The real challenge now is ensuring workplace policies and procedures keep pace with how the technology is being used.
A practical starting point is to:
Review IT, data protection, confidentiality, and recording policies to ensure wearable devices are explicitly covered.
Identify where sensitive information could be vulnerable to recording, including client meetings, HR discussions, and confidential workspaces.
Assess whether certain environments require additional restrictions on wearable technology.
Develop a process for handling requests to use smartglasses as a reasonable adjustment.
Ensure managers understand both the risks and the organisation's approach.
As with many workplace technologies, the greatest risk may not be the technology itself but the uncertainty around how it should be used. Clear expectations, well-drafted policies, and thoughtful risk assessments can help remove that uncertainty.
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