GDPR-compliant AI-based automated decision-making in the world of work

Artificial Intelligence is spreading fast in our everyday life and the world of work is no exception. AI is increasingly shaping the employment context: such emerging areas are augmented and automated decision-making. As AI-based decision-making is fuelled by personal data, compliance with data protection frameworks is inevitable. Even though automated decision-making is already addressed by the European norms on data protection – especially the GDPR –, their application in the world of work raises specific questions. The paper examines, in the light of the ‘general’ data protection background, what specific data protection challenges are raised in the field of AI-based automated decision-making in the context of employment. As a result of the research, the paper provides a detailed overview on the European legal framework on the data protection aspects of AI-based automated decision-making in the employment context. It identifies the main challenges, such as the applicability of the existing legal framework to the current use-cases and the specific questions relating to the lawful bases in the world of work, and provides guidelines on how to address these challenges

Információs és kommunikációs technológiák és a munkajog : a munka és magánélet határainak elmosódása, különös tekintettel az online közösségi oldalakra

With the proliferation of information communication technologies and amongst them social media and social network sites, the world of work witnesses certain transformations. One of the changes is that the boundaries of work and private life are increasingly blurred. Due to the advances of technology, the physical boundaries of work and private life are more difficult to be traced, as the place of work, the time of work and the equipment used for work can contribute to this increased vagueness. The question of tracing the boundaries is raised as the right to privacy is a fundamental right to which every individual – and amongst them employees – are entitled. Moreover, the right to privacy is extremely important in modern contemporary societies. The aim of the article is to examine the legal relevance of the increasingly blurred boundaries of work and private life of the employees, and the resulting challenges. The first part of the article will review the legal regulations aiming to ensure the protection of private life. The second part will examine in what regards the boundaries of work and private life are blurred due to technological development, especially information communication technologies. The third part will focus on social media: it will present two matters, the use of social media at the expense of working hours and the use of social media beyond working hours. The aim of this part is to enumerate how the existing general framework can be applied to social media and how social media have contributed to blurring the boundaries of work and private life

To Post, or Not to Post – That Is the Question: Employee Monitoring and Employees’ Right to Data Protection

Nowadays social media have a growing importance in several areas of our lives. They are used for numerous objectives: self-expression, keeping in touch with acquaintances, communication or obtaining information about the latest events and news. During their use the individual shares a significant amount of personal data. This conduct can have serious implications for employment. The (prospective) employer is interested in the surveillance of these sites for several reasons, as he/she can easily gain insight into the individual’s private life and obtain, without costs, detailed information about him/her. The legal problem arising is that the employee’s fundamental rights – namely the right to privacy and the right to data protection – collide with the employer’s legitimate interests.The aim of the paper is to highlight the different rights and interests present on the two sides of the parties in the employment relationship; focusing on the employee’s right to data protection and on the employer’s legitimate interests in monitoring employees. As a result of the paper, I will draw attention to the legal problems lying behind social network background checks and monitoring. I will provide recommendations on how users and employers can continue using these sites while still preserving privacy