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RESEARCH PRODUCT

Algorithms, artificial intelligence and automated decisions concerning workers and the risks of discrimination: the necessary collective governance of data protection

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Big data, algorithms and artificial intelligence now allow employers to process information on their employees and potential employees in a far more efficient manner and at a much lower cost than in the past. This makes it possible to profile workers automatically and even allows technology itself to replace human resources personnel in making decisions that have legal effects on employees (recruitment, promotion, dismissals, etc.). This entails great risks of worker discrimination and defencelessness, with workers unaware of the reasons underlying any such decision. This article analyses the protections established in the EU General Data Protection Regulation (GDPR) for safeguarding employees against discrimination. One of the main conclusions that can be drawn is that, in the face of the inadequacy of the GDPR in the field of labour relations, there is a need for the collective governance of workplace data protection, requiring the participation of workers’ representatives in establishing safeguards.