Retina‑X Studios, which promoted its apps as a tool for monitoring employees or children, has resolved an enforcement action with the FTC. In connection with the settlement, the agency urged that companies “exercise heightened caution” to ensure that monitoring apps are used lawfully. As employers move past internet, email and GPS tracking into newer types of monitoring, there are emerging compliance risks and privacy concerns. In this article, we examine the facts of the Retina-X case and its implications, along with the risks in connection with monitoring products, and we provide questions to ask vendors who offer fast-changing and increasingly connected products like automobile telematics, biometric scanners, individual wellness wearables and workforce-analysis software. See “Checklist for an Effective Employee Monitoring Program
” (Aug. 1, 2018).