Wearable AI, Bystander Notice, and the Question of Privacy Frictions

19 Pages Posted: 16 Jan 2024 Last revised: 19 Apr 2024

See all articles by Zahra Takhshid

Zahra Takhshid

University of Denver Sturm College of Law; Harvard University - Berkman Klein Center for Internet & Society

Date Written: January 13, 2024

Abstract

With the rapid advancement of Artificial Intelligence (“AI”) technology and the widespread availability of large language models (“LLMs”), wearable AI devices and designs for new hardware have surged like never before. While wearable AI was traditionally marketed for health and fitness purposes, many of the emerging products are multifunctional. These features can jeopardize the privacy of bystanders in addition to the consumers. Product designers are thus facing a dilemma: ensuring third-party privacy or guaranteeing convenience and a user-friendly design. This Article argues for mandating “privacy frictions” to function as both bystander notice and consent for wearable AI devices with audiovisual features. Privacy frictions are tangible measures that can put the reasonable bystander on notice. While this human-centered privacy design may impact the users’ experience, it ensures a future where privacy continues to be relevant and valued.

Keywords: Wearable AI, Artificial Intelligence, AI Design, Data, Data Privacy, Frictions, Privacy, Consent, Notice, LLMs, ChatGPT, Facial Recognition, Smart Glasses, Bystander Privacy, Privacy Notice, Surveillance, OpenAI, Informed Consent, Boilerplates

Suggested Citation

Takhshid, Zahra, Wearable AI, Bystander Notice, and the Question of Privacy Frictions (January 13, 2024). Boston University Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4693396

Zahra Takhshid (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

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