Google Glass in the office? Get legal on board

The latest wave of wearable mobile technology is on the market, and what's on the market will inevitably try to make its way inside the doors of the enterprise. Organizations that have, until now, had little interaction between the CIO shop and the legal department could soon find the carpet wearing thin between the offices.

Technology such as Google Glass makes recording what's going on in the office--especially the illegal and inappropriate--more inconspicuous than ever, and could pose a legal minefield for employers.

"Employees can prove managers treated them unfairly in performance reviews, swipe audio in a confidential conference call, record obnoxious behavior and become a whistle blower for illegal or immoral activity," reports CIO.

Organizations that are allowing employee-owned devices at work should first make sure they have a clear bring your own device policy in place. They can also try to draft strict employee policies specific to recording and wearables. However, nothing is guaranteed.

For example, the article explains that audio-only and video-with-audio recordings fall under eavesdropping laws, while video-without-audio recordings fall under privacy laws. States differ, and the concept of consent to record is even murkier.

Paul Starkman, leader of law firm Pedersen & Houpt's employment practice law group, tells CIO he has yet to see a court throw out video simply because it violated eavesdropping laws.

Google Glass also presents a slew of e-discovery issues, says Sharon Fisher on her TechTarget blog. In preparation for e-discovery, enterprise try to put all of their corporate records in one, searchable place where they can be managed and deleted according to record retention policies.

The widespread use of cloud storage and personal email have complicated things, notes Fisher, and wearables further decentralize digital asset storage.

Such devices have "a not-insignificant amount of local storage, meaning that the discovery net will have to widen to ensure data is collected from any wearable smart devices that could provide relevant ESI [electronically stored information]," writes Frank Gorman on the blog of e-discovery services vendor D4.

It's likely courts will find videos and pictures stored on and shared with wearable technology discoverable.

For more:
- read the CIO article
- see Gorman's blog
- check out Fisher's post

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