Ai Human Rights

The ”AI Act” is a landmark EU Regulation designed to address the complexities and potential risks related to AI technologies. Its primary objectives include fostering trust and accountability while promoting innovation. Aligned with the core values of the Charter of Fundamental Rights of the European Union, the ”AI Act” aims to safeguard individuals, businesses, democracy, and the rule of law. Simultaneously, it aims to stimulate innovation and employment, positioning the EU as a pioneer in the adoption of reliable AI technologies.

The ”AI Act” classifies AI systems into four (4) risk categories: minimal or no risk, limited, high, and unacceptable risk. This classification enables tailored regulatory measures, with particularly stringent requirements for high-risk AI systems, including those used for monitoring and surveillance of employees. High-risk AI systems are those that can significantly impact the health, safety, and fundamental rights of persons within the EU. Annex III of the Regulation enumerates AI systems falling under eight thematic categories automatically classified as high-risk. This includes, among others, the category of employment, employee management and access to self-employment. Specifically, AI systems in employment are categorized into two subcategories: a) systems used for recruitment, advertising and candidate assessment and b) systems used for decisions regarding promotions, terminations, task assignments based on individual behavior or characteristics and monitoring and evaluating individual performance and behavior.

Τhe most common traditional methods of employee surveillance typically include the direct observation by a manager or employer, recording telephone calls, monitoring online activities, and using surveillance cameras. However, new methods of surveillance using AI systems have emerged, offering more advanced and continuous monitoring capabilities. AI-driven tools can, for example, track computer usage, analyze emails, and employ facial recognition for attendance and security purposes. The greatest risk stems from these tools’ ability to aggregate information and derive conclusions that not only affect the working relationship but also intrude upon and potentially distort the employee’s personal identity. These advanced tools provide real-time data and insights but also raise concerns about privacy and the extent of monitoring, requiring careful ethical considerations and regulations like the ”AI Act” to balance innovation with employees’ rights.
The ”AI Act” prohibits AI applications that pose substantial risks to fundamental rights, particularly in the context of workplace surveillance. It strictly prohibits AI systems that enable indiscriminate or unjustified surveillance or monitoring of employees. This measure aims to restrict employers’ use of AI for surveillance purposes, thereby safeguarding employees’ privacy and personal dignity. This regulatory framework ensures that AI technologies in the workplace are deployed responsibly and ethically, balancing technological advancements with the protection of individual rights.