highlighting how seriously decision-makers may react when others cannot easily determine whether recording is occurring. Practical Steps Businesses Can Take Now Businesses can reduce their exposure under existing California law by taking the following steps. • Update policies. Adopt employee and visitor policies that address wearable recording devices by name, including smart glasses and AI-enabled earbuds or pendants. • Post notices and set boundaries. Designate no-recording areas and post notices at their entrances. • Train staff. Prepare managers and front-line employees to apply the policy consistently and to be observant regarding individuals who are or may be using such devices in restricted areas. • Add physical safeguards. Use privacy screen filters and keep documents out of view at service counters. • Create a response protocol. Set out what staff should do when they suspect someone is recording. • Review industry-specific obligations, such as patient privacy requirements under the Health Insurance Portability and Accountability Act (HIPAA) in healthcare settings and safeguards rules for financial information under the Gramm-Leach-Bliley Act, on a schedule and update such policies accordingly. • Watch the 2027 legislative session for a successor to SB 1130. Although SB 1130 failed this year, the technology continues to evolve and move into everyday business settings. Written policies, trained staff and consistent enforcement address the risk under California’s existing laws. The information in this article is not intended to be legal advice and does not create an attorney-client relationship. You should consult an attorney for advice regarding your unique situation. This article reflects developments through Oct. 28, 2026. Until California enacts a wearable-specific law, existing privacy statutes and court decisions govern, and businesses should continue to follow them. 20
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