Use of Smart AI Glasses Raises Legal Concerns
By Christopher G. Simboli
Several major technology companies, including Meta, Google, and Apple are currently launching, or in the process of soon launching, smart glasses products that incorporate many features and functionalities, including Artificial Intelligence (AI). These products may contain cameras, microphones, displays, speakers and integrated remote connections to the manufacturer’s AI and other systems. Many of these smart AI glasses are remarkably normal-looking, with few external components to indicate they are anything other than off-the-shelf glasses. The advent of these smart AI glasses presents certain legal issues and challenges for those companies that choose to allow or require use of such devices by their workers.
One of the major legal concerns with the use of these smart AI glasses devices is that workers are likely going to be absorbing and transmitting employers’ secretive and confidential information simply by recording all audio and video that the device is exposed to throughout the workday. Workers may be inadvertently sharing the data gathered by smart AI glasses with unauthorized third parties or the AI or other systems of unauthorized third parties. This in turn could enable the employer’s sensitive confidential information to be exposed in ways causing damage to the company’s business operations or the company’s reputation and could even potentially be utilized by hackers to harm the company, its employees, suppliers or even customers. It is important to bear in mind that these devices may be used by a company’s workers both while on-site at the employer’s facilities or off-site while the worker is engaged in company activities with suppliers, contractors, customers, etc.
Another of the major legal concerns with the use of these devices centers around data privacy. Having the ability to directly capture and record another individual’s every word and action in the workplace carries significant risk of privacy violations and may cause workers to be uncomfortable with the tracking of everything that worker said and did during the workday. These smart AI glasses could potentially have the ability to display for the wearer certain personal information about the individual being recorded (including biometric, health or even on-line search history information regarding that individual). Further complicating matters is the fact that some of the data or information gathered by these devices may require the company to first obtain explicit consent from the individual who is the subject of that data or information (including possibly location data or health information).
If your company does not have a formal policy or guideline addressing the use of smart AI glasses (or other wearable devices) by workers, then updating these documents to cover these subjects is strongly advised. The policy or guideline should include a reminder to workers that use of these devices does not alter the worker’s existing obligations to the company to protect and maintain the secrecy of all company confidential information and does not alter the worker’s obligation to comply with the company’s data privacy restrictions. The policy or guideline should also specifically inform workers of where, when and how these devices are permitted by the company to be used to carry out the company’s business operations.
The legal landscape surrounding wearable devices, including smart AI glasses, is complicated and likely to become more so as the sophistication and functionality of such devices advances. If you are considering the use of wearable AI devices, including smart AI glasses, in your business operations you should carefully consider the potential benefits and risks of doing so. At Parsons Behle & Latimer, we have expertise dealing with these legal issues in the corporate and litigation landscape. Please let us know how we can help your business in this regard.
Updates from the USPTO
By Margaret N. McGann
Government Shutdown
The USPTO offices remain open (for now) during the government shutdown due to ability to access funding raised from fees for last year.
New TPAC Members and Chairs Named
The U.S. Patent and Trademark Office (USPTO) has issued a release announcing the appointment of new members of the Public Advisory Committee the Trademark Public Advisory Committee. Read more about the appointments here.
The USPTO Announces Closure of the Rocky Mountain Regional Outreach Office
On Oct. 1, 2025, the USPTO announced that the Rocky Mountain Regional Outreach Office in Denver, Colorado will be permanently closed. More information about the closure can be found here.
