The performance of a Data Protection Impact Assessment is one of the novelties introduced by the General Data Protection Regulation (GDPR) in Europe. This option proposes a mandatory development of a Data Protection Impact Assessment for workplace monitoring that should contain a list of specific requirements and be of a multi-stakeholder and contextual perspective.

There are also significant limitations around the use of automated decision making (where decisions that carry significant consequences for an individual are based on assessing data without any human input) which the employer will need to take into account.

Clearly, this will be highly relevant where an AI system is deployed not merely to give additional insights – which will be considered by the employer – but where the system is trusted to go further and make actual decisions which impact on a given employee.

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