Use of AI Glasses by Employees at Nursing Homes Raises Privacy Concerns

By JW August / Special to the OB Rag

The allegations are serious. Nursing homes, the exact number is unclear, across California including San Diego County, have employees who wear Ray-Ban Meta AI glasses while on duty.   The glasses are being used to record unsuspecting residents, a possible violation of a number of privacy laws, including those which address a resident’s expectation of privacy.

In a recent report the California Advocates for Nursing Home Reform (CANHR), a statewide nonprofit 501 (c) (3) advocacy organization, says: with a simple voice command like “Meta start recording” a nursing home employee can  “capture the entirety of their day on video while simultaneously feeding that footage into the glasses’ AI companion.”

A resident’s most personal or private moments can be captured on video without them knowing. For the unknowing patient there is no clear indication a recording is in progress — just a small white light that can be easily covered, says the report.  The non-profit warns that “residents at several facilities across the state have reported staff, including nurses, wearing the glasses and refusing to remove them upon request. In some cases, staff have recorded video with the glasses in areas that contain residents’ protected health information without obtaining prior consent”.

They continue “Many residents may not even be aware of the technology and its capabilities. This is a direct erosion of patient trust.” They add “These glasses, in most instances, are not prescription, meaning there is no explicit need for the user to wear them for medical purposes.”

Nancy Stevens, a long time activist and facility resident has observed this in the nursing home she lives in.  So much so that she posted a sign “not to enter my room with Meta Glasses.”

She told the OB Rag “my CNA pulled out and put on his Meta Glasses just as he reached my door and entered, when I was across the hall, door open, where I visited my neighbor.” When he made eye contact with Stevens the certified nursing assistant ” immediately removed his Meta Glasses and put them back in his pocket”.   Her sign has been up for a year, she says, when she first began to notice the employees recording residents.

Says CANHR:

“Residents with dementia or who are cognitively impaired are particularly vulnerable. Oftentimes, they can’t consent to being recorded, object in the moment, or report it afterward. That combination makes the privacy concerns within nursing homes and long-term care facilities unique from other settings.”

We can’t provide you the details on what facilities and where they are at this time because the information was not shared with us. However we were made aware of one chain with a facility in San Diego County where these practices are allegedly taking place. There may be more.

The OB Rag reached out and corresponded with Corey Egel, the public affairs director for California Association of Health Facilities (CAHF) which is sometimes at odds with their health advocacy counterpoint at CANHR which provided us with the information for this story.

The response was edited for brevity and clarity:

“Skilled nursing facility (SNF) residents have a fundamental right to privacy and dignity. Any technology that records or captures residents, their conversations or personal information must respect those rights and comply with applicable privacy and confidentiality laws. Residents should not be recorded without appropriate authorization or consent.”

Egil added, “As for the prevalence of Ray-Ban Meta glasses in SNFs, the California Association of Health Facilities (CAHF) is not aware of any statewide data tracking their use in California nursing homes.”

While our information on the extent of this problem is limited, the OB Rag felt it was important for residents, their families to be aware of these possible hidden surveillance techniques in use.

CANHR suggests if you are concerned this may be happening in the facility you or a loved one lives in you should familiarize yourself with what the glasses look like.  That’s a simple Google search. If you suspect your CNA or other staffer is wearing these glasses, ask them.  Then tell them to remove the glasses or turn the recording off. Make sure the nursing homes management is aware of your concerns and you should contact your local ombudsman.