
An employer today can learn about interactions among employees or with customers via sensors and a vast variety of softwares. Is the tone of voice friendly enough with customers? How much time is spent on emailing or away from the assigned desk? Scores, ‘idle’ or silent buttons, are making the workplace a place where data is constantly accumulated and processed through Artificial Intelligence (AI) and the Internet of Things (IoT). Breaks can lead to penalties, from reduced bonuses to more serious sanctions. These are just examples that represent strong evidence in the labour law debate: the recourse to data is changing organisational models and increasing employers’ capability to monitor the workforce. Thus, the self-determination and purpose limitation principles offered by the current General Data Protection Regulation (EU Reg 2016/679) are now standing under the magnifying glass: can they preserve the order of powers in subordinate employment that datafication is disrupting? Or does guaranteeing individual rights against a vast and complex surveillance society risk creating an unequal David-and-Goliath conflict?This contribution suggests that data protection law at work is and will be crucial in ensuring labour protection in datafied workplaces. The present focus, however, is dominated by AI and IoT needs to be complemented with the governance of technologies (thus not only of data flows) that place structural limitations on employees’ fundamental freedoms. A complementary approach that can be already recognised in the European Commission’s Industry 5.0 strategy, with the proposal for a regulation on artificial intelligence as one of the main (yet problematic) developments.
European Labour Law, AI Act, GDPR, Data Protection
European Labour Law, AI Act, GDPR, Data Protection
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