Algorithms, Artificial Intelligence and Automated Decisions Concerning Workers and the Risks of Discrimination: The Necessary Collective Governance of Data Protection.
Transfer: European Review of Labour and Research, 25 (4), (2019)
17 Pages Posted: 16 Jan 2019 Last revised: 6 Oct 2019
Date Written: June 30, 2018
Big data, algorithms and artificial intelligence currently allow entrepreneurs to process information about their employees in a far more efficient manner and at a much lower cost than has been the case until now. This makes it possible to profile workers automatically and even allows technology itself to replace human resources supervisors and managers and to make decisions that have legal effects on the employees (recruitment, promotion, dismissals, etc.). This entails great risks of discrimination by the technology in command, as well as the defencelessness of the worker, who is unaware of the reasons underlying such a decision. This study analyses the guarantees established in the existing European data protection regulation with the aim of safeguarding the employee against discrimination. One of the main conclusions that can be drawn, however, is precisely the inadequacy of this regulation and the need for collective governance of data protection, which requires the participation of workers' representatives in establishing safeguards.
Keywords: data protection, big data, profiling, automated decisions, discrimination, worker surveillance and monitoring, management power, algorithms, artificial intelligence, machine learning
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