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Full Description
With surveillance at work extending into the home and the deployment of AI in the workplace already rapidly expanding, concerns have been raised about the ramifications of these developments. Blurring the boundaries between public and private spheres, digital workplace monitoring and digital activity tracking seem set to raise stress levels and undermine trust between employers and employees as they threaten to further infiltrate the world of work.
Proposing a clear list of policy options, Ethical AI Surveillance in the Workplace tackles the structural challenges associated with 'wiring the labour market', including issues of control, autonomy and voice. From Data Protection Impact Assessments to regulatory sandboxes, and from establishing the right to disconnect to setting up a Code of Ethical Workplace Monitoring, the proposed paths aim to safeguard a responsible deployment of AI-powered monitoring tools within the workplace and protect employees as data subjects whose digital footprints are under constant scrutiny.
Wielding the legal, regulatory and institutional tools available, this uniquely structured analysis acts as a comprehensive starting point for discussing these ever-evolving challenges and how they may shape the future of the workplace.
Contents
Introduction; Ron Iphofen
Section I. Legal Options
Chapter 1. Putting the Employee in the Driving Seat via Reinforced Collective Agreements
Chapter 2. Review and Update the Current Legal Framework
Chapter 3. Introduce Legislation on Workplace Monitoring
Chapter 4. Introduce a Penalty System and Strict Conditionalities
Chapter 5. Introduce the Right to obtain an Explanation of the Decision and Challenge It
Chapter 6. Introduce the Right of Transparency in Workplace Monitoring
Chapter 7. Introduce the Right to Disconnect as a Fundamental Right
Chapter 8. Introduce the Right to Health and Safety at Work in the Digital Space
Chapter 9. Establish Legislation for the Protection of Whistleblowers and the Development of Effective Communication Corridors in the Workplace
Chapter 10. Introduce Review Clauses on Delegated/Implementing acts in Existing Labour Legislation and in any upcoming AI Legislative Proposals
Chapter 11. Develop a Workplace/Employee-Specific Data Governance Strategy that Strengthens the Rights to Privacy and Data Protection in the Digital Workplace
Chapter 12. Ensure Compliance with a Mandatory Data Protection Impact Assessment for Workplace Monitoring
Chapter 13. Redefine the Concept of Consent in the Frame of Workplace Monitoring
Chapter 14. Address Psychosocial Risks as an Essential Part of the Occupational Health and Safety (OHS) Legal Framework
Section II. Governance Options
Chapter 15. Develop a Code of Ethical Workplace Monitoring
Chapter 16. Introduce Certification Mechanisms and Standards for Ethical Compliance
Chapter 17. Set up an Oversight Body for Workplace Monitoring and other Workplace Governance/Oversight Structures
Chapter 18. Establish an Ombudsman for Employment Affairs and Workplace Monitoring
Chapter 19. Develop and Establish Procedural Frameworks to Effectively Audit Workplace Algorithmic Systems
Chapter 20. Set-up Risk Governance Structures and Algorithmic Risk Assessment Methodologies for Workplace Monitoring
Chapter 21. Consider the Particular Risks Related to Keylogging, Workplace Biometrics, Bring Your Own Device (BYOD) Practices
Chapter 22. Set up Bodies for Workplace Monitoring Including a High Level Expert Group on Workplace Monitoring
Chapter 23. Update any Existing Digital Strategy on Preventing Potential Misuse of AI-Enabled Monitoring Tools
Chapter 24. Develop Specialised Training Opportunities for Employers and Employees Alike
Section III. Ethics Options
Chapter 25. Publicly-Funded Research on Workplace Monitoring should be Subject to a Thorough Ethics Appraisal
Chapter 26. Consider Imposing a Moratorium on Certain Workplace Monitoring Tools
Chapter 27. A Human in the Loop Approach/Human Oversight
Chapter 28. The Explainability and Transparency of AI Monitoring Tools
Chapter 29. Draft and Develop an Ethical Charter/Governance Framework
Chapter 30. Revisit the Concepts of Worker and of Surveillance
Chapter 31. Acknowledge and Address the High Informational Asymmetries
Chapter 32. Workplace Monitoring Should Be Considered as High-Risk
Chapter 33. Adopt a Broad Definition of AI and Algorithmic Management
Chapter 34. Sandboxing
Chapter 35. Ethics by Design
Chapter 36. Security by design
Chapter 37. Misuse/Dual Use
Chapter 38. Ethical Leadership
Chapter 39. Appeal and Redress
Chapter 40. Use 'Smart' tools to Handle AI-Related Ethical Risks
