Algorithms, artificial intelligence and employees’ rights in Spain and beyond
When employers implement systems involving AI and algorithms, they may have obligations to inform or consult employees.
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Obligations?
Information
Details
There is no legislation that specifically regulates this issue. However, based on a combination of articles of the GDPR as well as law 4624/2019, it appears that the employer has the right to use employees’ personal data only in cases where it is necessary for the performance of their work and in any case only if the employee has been notified.
The employer can only process the data if it is necessary for the exercise of rights or the fulfillment of obligations deriving from labour law. Even when the employer exceptionally collects an employee’s personal data, this collection should not be done for a longer period of time than what is necessary to achieve the purpose of the collection. In addition, in the context of trade unions’ communication with employers, employers should inform not only the employees but also the trade unions active within the organisation about the introduction of new technologies in the context of work.
Penalties
Violation of the above obligations may, depending on the extent and nature of the violation, result in both civil and administrative sanctions.
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