Quick answer: Yes. Healthcare employers may prohibit employees from wearing Meta glasses, smart glasses, or other wearable recording devices at work. These devices can create serious risks involving HIPAA compliance, patient privacy, protected health information (PHI), and workplace confidentiality. Employers should also maintain clear policies governing wearable technology and employee recording in the workplace.
Recording patients without proper authorization may violate HIPAA and could also violate state privacy, recording, or consent laws. Even if a patient agrees to be recorded, the practice would need to establish and document specific conditions governing the recording, its use, storage, and disclosure. Any authorization would need to be between the practice and the patient. An employee cannot independently obtain permission and decide to record or publish patient content.
Question: It was brought to my attention that an employee who wears Meta glasses to the office recorded themselves treating a patient using Meta glasses and uploaded the video to social media. I do not currently have any restrictions regarding Meta glasses in the office, but this situation makes me think I should. Can I prohibit employees from wearing them while working? How should I address the video that is now public? As far as I know, the patient did not consent to being recorded.
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The legal side: To start, you can prohibit healthcare employees from wearing Meta glasses or other wearable recording devices while performing their job duties.
While Meta glasses are one of the newest wearable technologies entering the workplace, the legal principles are not new. Whether an employee uses Meta glasses, smart glasses, a body camera, a smartphone, or another recording device, employers remain responsible for protecting patient privacy and maintaining HIPAA compliance.
Meta glasses and other smart glasses create significant concerns involving HIPAA compliance, patient privacy, confidential information, cybersecurity, workplace professionalism, and unauthorized workplace recording. Even if your current handbook does not specifically mention Meta glasses, employers have the right to establish, and an obligation to enforce, reasonable workplace rules that protect patients and confidential information.
Employee handbooks should include clear policies addressing wearable technology, Meta glasses, smart glasses, smartphones, photography, video recording, social media, and the protection of protected health information (PHI). Those obligations apply to unauthorized recordings made with any device, whether that device is a phone, tablet, camera, smartwatch, or pair of smart glasses.
An employee recording a patient and posting the video publicly should be treated as a serious matter, especially if it occurred without the patient’s authorization or the practice’s knowledge. This may constitute an impermissible disclosure of PHI and should immediately trigger the practice’s HIPAA privacy and breach-response procedures.
The practice should promptly investigate what occurred, determine what information was recorded or disclosed, identify everyone who may have viewed or received it, and conduct the required breach assessment. That assessment will help determine whether the incident created reporting or notification obligations.
After preserving appropriate evidence of the post, direct the employee to remove it immediately from every platform, account, or location where it was uploaded or shared. The employee should be required to identify all platforms and recipients to whom the video may have been posted or sent.
The practice should also contact each hosting platform and request the immediate removal of the content from its servers. Legal action may be necessary if the employee refuses to comply or if additional steps are required to contain the disclosure. The practice’s privacy officer, HIPAA advisor, or legal counsel should be involved immediately.
The Human Side: This should not be treated as a casual coaching opportunity. An employee’s decision to record themselves treating a patient and post that video online creates significant risk for the patient, the practice, and its reputation.
Meet with the employee privately and explain that the practice has become aware that a patient interaction was recorded and shared publicly. Make it clear that patient privacy is one of the organization’s highest priorities and that the practice is conducting a formal investigation into what occurred.
Direct the employee to remove the video immediately if it is still available, but do not allow the urgency of taking it down to prevent the practice from first documenting the post and preserving the evidence needed for its investigation.
The larger issue is that recording a patient without the practice’s approval and the patient’s properly documented authorization can violate privacy obligations, destroy patient trust, and expose the practice to substantial legal, regulatory, and reputational consequences.
Once the investigation is complete, determine the appropriate corrective action based on the facts, the practice’s policies, the employee’s explanation, and how comparable situations have been handled in the past. Depending on the circumstances, corrective action could range from a final written warning to termination of employment.
Given the deliberate act of recording a patient and publishing the video on social media, we would likely advise the practice to strongly consider immediate termination for cause, subject to confirming the facts and reviewing any applicable employment requirements.
If your handbook does not already address personal recording devices, patient photography and video, wearable technology, social media, and the protection of confidential information, now is the time to update it. Clear policies and training are far more effective than trying to contain the damage after the next post goes viral.
Yes. Healthcare employers can prohibit Meta glasses and other wearable recording devices in the workplace, especially when they pose privacy, safety, security, or confidentiality concerns.
If the recording captures protected health information (PHI) without authorization, it constitutes a HIPAA breach.
Absolutely. Employee handbooks should clearly address wearable technology, including Meta glasses, smart glasses, body cameras, and personal recording devices, along with expectations regarding photography, video recording, and social media use in the workplace.
Yes. Meta glasses and similar smart glasses are wearable recording devices capable of capturing video, audio, and photographs. Employers should treat them the same way they would any other device capable of recording patients or confidential workplace information.
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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