business materials or proprietary information visible during the interaction. In that situation, the concern is not limited to the conversation itself; the surrounding data environment may be the greater problem. WHY WEARABLES ARE DIFFERENT Wearable devices present a different challenge than an ordinary phone camera. They may be less noticeable, operate hands-free and make it harder for others to tell whether recording is taking place. That uncertainty alone can create tension in settings where sensitive information is routinely handled. The issue can arise on both the employee side and the visitor side. For employees, wearable devices create concerns in HR settings, management meetings, healthcare environments, finance functions, confidential project discussions and other spaces where personnel, compensation, customer or strategic information is discussed. Even where no improper recording occurs, uncertainty over whether an employee is recording can create immediate operational problems. For customers, clients, vendors and visitors, the issue is different but no less real. A person wearing smart glasses during a meeting, transaction or service interaction may believe he or she is documenting only that event. The device may also capture another person’s information, documents left in view or screens displaying private data. Depending on the location and circumstances, that may raise privacy concerns independent of the user’s original intent. A RECENT REMINDER: THE ZUCKERBERG INCIDENT The recent courtroom incident involving Meta glasses is a useful reminder of how these devices are perceived. In February 2026, a judge reportedly threatened Mark Zuckerberg’s entourage with contempt after they wore Meta AI glasses into a courtroom where recording was prohibited, highlighting how seriously decision-makers may react when others cannot easily determine whether recording is occurring. PRACTICAL STEPS BUSINESSES CAN TAKE NOW While questions remain about how broadly SB 1130 will be applied, compliance under existing California privacy laws is always a priority for business owners. Compliance measures that should be considered include up-to-date employee and visitor-facing policies, training for managers and front-line staff, physical safeguards like privacy screen filters and scheduled reviews of industry-specific obligations. Wearable technology may be moving into everyday business settings faster than the law can fully adapt, but staying vigilant with general privacy law compliance remains the best way to protect your interests. 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. NCDA.COM 17
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