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41 Comp. Lab. L. & Pol'y J. 95 (2019-2021)
Artificial Intelligence Is Watching You at Work: Digital Surveillance, Employee Monitoring, and Regulatory Issues in the EU Context

handle is hein.journals/cllpj41 and id is 107 raw text is: ARTIFICIAL INTELLIGENCE IS WATCHING YOU
AT WORK: DIGITAL SURVEILLANCE,
EMPLOYEE MONITORING,
AND REGULATORY ISSUES IN THE EU CONTEXT
Antonio Aloisit & Elena Gramanott
I. INTRODUCTION
New technologies are reshaping work in an ever-growing number of
fields. The current wave of industrial development is boosted by the
proliferation of cyber-physical infrastructure and interconnected systems
making possible new practices of profiling, organizing, and monitoring. The
resulting gigantic datasets in turn lay the groundwork for the artificial
intelligence  (AI) boom. Only        recently, however, have       international,
European, and domestic institutions started considering how to update
existing regulations in    order to tackle the complex         and   far-reaching
challenges posed by ubiquitous tech devices and, more specifically, by AI,1
a general-purpose application      able to mimic adaptive        and predictive
functions that humans associate with their own intelligence.2 More
concretely, several AI features are embedded as components of larger tech
systems increasing their computational power, rather than stand-alone
structures.3 Despite that, there is still scant knowledge about the various
impacts, not all of which are unprecedented,4 of these powerful and
t Assistant Professor of European and Comparative Labour Law at IE Law School, IE University,
Madrid.
t Postdoctoral Research Fellow at Goethe University of Frankfurt am Main, Institute for Labour
and Civil Law. We are most grateful to the organizers and participants at the ILO-KU Leuven workshop
for great discussion and feedback on an earlier version of this work.
1. See Communication from the Commission to the European Parliament, the European Council,
the Council, the European Economic and Social Committee and the Committee of the Regions, COM
SWD(2018) 237 final (Apr. 25, 2018). See also European Parliament resolution of 16 February 2017 with
recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL) O.J. (C 252) 239
(2018). For a preliminary comment, see Aida Ponce Del Castillo, A law on robotics and artificial
intelligence in the EU?, 2017 ETUI FORESIGHT BRIEFS 1.
2. Peter Cappelli, Prasanna Tambe, & Valery Yakubovich, Artificial Intelligence in Human
Resources Management: Challenges and a Path Forward (Nov. 1, 2018), available at SSRN:
https://ssrn.com/abstract=3263878.
3. Report by the High-Level Expert Group on Artificial Intelligence, A definition of AI: Main
capabilities and scientific disciplines, at 1, COM (2019) (Apr. 8, 2019).
4. ROGER BLANPAIN & MARC VAN GESTEL, USE AND MONITORING OF E-MAIL, INTRANET AND
INTERNET FACILITIES AT WORK: LAW AND PRACTICE (2004).

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