Is My Boss Allowed to Spy On My Mind?
Published online by Cambridge University Press: aN Invalid Date NaN
Use Case 4 in Chapter 7 explores the regulation of MDTs in the context of employment monitoring under the General Data Protection Regulation (GDPR), the Equality Acquis, the Platform Work Directive (PWD), and the Artificial Intelligence Act (AIA). Article 88 GDPR serves as a useful foundation, supported by valuable guidance aimed at protecting employees from unlawful monitoring practices. In theory, most MDT-based practices discussed in this book are already prohibited under the GDPR. Additionally, the EU’s robust equality acquis can effectively address many forms of discrimination in this sector. The AIA reiterates some existing prohibitions related to MDT-based monitoring practices in the workplace. However, a core challenge in employment monitoring lies in ensuring transparency and enforcement. There has long been a call for a lex specialis for data protection in the employment context, which should include a blacklist of prohibited practices or processing operations, akin to the one found in the PWD. Notably, processing and inferring mind data should be included among the practices on this blacklist.
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