Can we use the new artificial intelligence (AI) software and Apps to control or decide on workers?
- Not all Artificial Intelligence (AI) software and Apps that are on sale are legal.
- When the use is legal, it requires giving transparent legal information to the worker, including the operation of the algorithm used by the AI.
- There are new limits that expressly do not allow us to process the biometric data of workers or to obtain profiles.
- Even so, in some cases we may request to be consent of the workers for the treatment of their aggregate data or understand it within the legitimate interest, but not always.
- We must write good use/transparency policies with a specialized lawyer who has a transversal understanding of the risks of each technology and the new legal limits.
- In most cases, it is also advisable to carry out an impact evaluation.
Digital morning at the ICAB: "Impact of new technologies in labour relations"
On April 26, at the headquarters of the ICAB, Manuel Martinez Ribas, partner of the technology department of ACROSS LEGAL and President of the Technology Section of the ICAB,
moderated the meeting on how the new LOPD (Organic Law on Data Protection) and the European Data Protection Regulation influence in companies regarding the automated profiles in the hiring and dismissal, as well as the limits in video surveillance, the control in the access to the job and the transparency of the information that is to be given to the workers.
For this, Manuel Martínez Ribas along with Rubén Agote (partner in CUATRECASAS) and Ramón Miralles (partner in ECIX, before in the Autoritat Catalana de Protecció de Dades) have worked together in the script of the debate that Manuel Martínez Ribas opened.
Throughout the event, an interesting debate has arisen about the implications of, from the perspective of data protection, the fact that workers are considered as a vulnerable group and
the relevance of collective agreements, including company agreements, in addition to other contractual solutions or in the internal policies of companies. They have made it clear that limits or need for consent to the processing of data in the workplace, in particular in relation to Apps or software to control workers lately employed by several companies. Risk analysis, impact assessment and transparency for the worker. Finally, they have closed the table concluding that companies must perform a risk analysis and impact assessment in the use of these new technologies in order not to exceed the limits imposed by the new data protection rules and, ultimately, to be able to benefit from the new technological solutions. And, in addition, it is crucial the transparency of the treatment of data for the worker and, therefore, the convenience and ability to write and make the workers know and understand the appropriate texts in compliance with the regulations, as well as to
demonstrate the due diligence of the companies.
The event was presented and co-organized by Manuel Martínez Ribas with the Digital Transformation Commission and the Labour Section of the ICAB.