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.
Proposing a clear list of policy options, this volume tackles structural challenges with the aim of safeguarding a responsible deployment of AI-powered monitoring tools within the workplace and protecting employees as data subjects whose digital footprints are under constant scrutiny.
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
Mihalis Kritikos is Senior Associate Fellow at the Brussels School of Governance at the Vrije Universiteit Brussel (VUB)-Centre for Digitalisation, Democracy and Innovation, and Senior Research Fellow, echnology, Law and Ethics, Governance of AI/Digital at the Hellenic Foundation for European and Foreign Policy (ELIAMEP).
Ron Iphofen is an independent consultant with international recognition for expertise on research ethics and professional standards in research. His primary consultative activity at present is for the European Commission Directorate General for Science and Innovation, the Research Executive Agency (REA) and the European Research Council (ERC).
