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Ethical AI surveillance in the workplace
Ethical artificial intelliengence surveillance in the workplace
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.
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.
by Mihalis Kritikos (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, Technology, Law and Ethics, Governance of AI/Digital at the Hellenic Foundation for European and Foreign Policy (ELIAMEP)) ; edited by Ron Iphofen (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)).
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Advances in research ethics and integrity