What is true about making business decisions using artificial intelligence systems
With a circular of the commander of the Independent Labor Inspection Authority, Giorgos Tzilivakis, it is clarified the framework of exposure of the employee to the digital social networks (social media) of the employer and it becomes clear that it is his possible refusal to be included in publications is legitimate and protectedlet alone interacting with posts and content related to the activity of any business.
Furthermore, it clarifies what applies in the cases of making work decisions using artificial intelligence systems.
Specifically and taking into account relevant findings of the Personal Data Protection Authority, the photo of a person – in this case an employee – is his personal data, provided that it indicates his identity and that it is taken, stored and shared on social media , are processing operations.
Data processing, such as taking and sharing a photo or video, is only legal if the person pictured has consented to their recording and making their image public.
At any time, the employee has a genuine and free choice and is able to refuse or withdraw any consent, without negative consequences.
Regarding the legality of using social networks (Facebook, LinkedIn, Twitter, Instagram etc.) as candidate profiling tools employeein view of recruitment, is legitimate in some cases related only to business purposes, so the employer is authorized to access and inspectbased on legitimate interest, the available information that the employee himself has made public on his publicly visible profile, such as education and previous work experience.
However, as stated in a related announcement, the employer is of course not allowed to rate personal posts and, in any case, any knowledge of information obtained, through social networks, about the hobbies, friendships and social interactions of employees, their family status, religious or political beliefs or sexual preferences, should not be a reason of discrimination nor to be communicated to third parties.
Also, based on the protection of freedom of expression, the employer cannot compel the employee to become his “friend” on social networks or oblige him to mark with a positive or other sign (like) posts of the company neither during recruitment nor during employment.
Regarding the use of artificial intelligence systemsthe following is clarified: Since the taking of automated individual decisions, particularly through advanced artificial intelligence systems, is a case in which the risks that threaten the dignity, freedoms and fundamental rights of the employee are particularly increased, the employer, in order to ensure a legitimate and transparent processing, is required to provide special information to the employee about the existence of a system for making such decisions, about the logic followed in this system, about the importance and foreseen consequences of said processing for the employee and about the employee’s right of access to the information they”.
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