Social Europe

  • EU Forward Project
  • YouTube
  • Podcast
  • Books
  • Newsletter
  • Membership

Artificial intelligence: filling the gaps

Aida Ponce Del Castillo 14th April 2022

Stronger legislation than the European Commission envisages is needed to regulate AI and protect workers.

AI regulation,artificial intelligence,GDPR
In joint, human-machine problem-solving, the worker must make the decision (PaO_STUDIO/shutterstock.com)

Artificial intelligence (AI) is of strategic importance for the European Union: the European Commission frequently affirms that ‘artificial intelligence with a purpose can make Europe a world leader’. Recently, the commissioner for the digital age, Margrethe Vestager, again insisted on AI’s ‘huge potential’ but admitted there was ‘a certain reluctance’, a hesitation on the part of the public: ‘Can we trust the authorities that put it in place?’ One had to be able to trust in technology, she said, ‘because this is the only way to open markets for AI to be used’. 

Trust is indeed central to the acceptance of AI by European citizens. The recent toeslagenaffaire (allowances affair) in the Netherlands is a reminder of the dangers. Tens of thousands of families were flagged up as potentially fraudulent claimants of childcare allowances, without any proof, and forced to pay back—driving many into poverty, some to depression and suicide. All of this was the consequence of a self-learning algorithm and AI system, designed without checks and balances and not subject to human scrutiny.

In its current form, the AI regulation proposed by the commission last April will not protect citizens from similar dangers. It will also not protect workers. In its eagerness to push AI forward and position itself in the global AI race, the commission has overlooked workers’ rights. The envisaged AI legislation is framed in terms of product safety and, as such, employment is not within its legal ambit.

The only reference to employment is found in annex III, which lists ‘high-risk’ AI systems. These take in recruitment and selection, the screening and evaluation of candidates, and the elevation or termination of work-related contractual relationships and task allocation, as well as the monitoring and evaluation of the performance and behaviour of persons in such relationships.

The regulation would not however provide any additional specific protection to workers nor ensure their existing rights were safeguarded—despite the uncertainty AI will generate in these regards. The protective capacity for workers of the General Data Protection Regulation (GDPR), although in force for almost four years and despite its potential, is not yet used to the full.

Shortcomings to address

Along with other emerging technologies, such as quantum computing, robotics or blockchain, AI will disrupt life as we know it. The EU can become an AI global leader only if it remains faithful to its democratic and social values, which implies protecting the rights of its workers.



Don't miss out on cutting-edge thinking.


Join tens of thousands of informed readers and stay ahead with our insightful content. It's free.



To do that, the shortcomings of the AI regulation and the GDPR need to be addressed. Seven aspects deserve more attention:

Implementing GDPR in the context of employment: fully implementing GDPR rights for workers is one of the most effective ways to ensure they have control over their data. AI relies on data, including workers’ personal data. Workers need to use GDPR actively, to ask how such data is used (potentially for profiling or to discriminate against them), stored or shared, in and out of the employment relationship; employers need to respect their right to do so. The commission and the European Data Protection Supervisor should issue clear recommendations insisting on the applicability of the GDPR at work. There may also be a need to determine what role labour inspectors could or should play.

Further developing the ‘right to explanation’: when decisions supported by algorithms—the processing of sensitive data, performance assessment, task allocation based on reputational data, profiling and so on—negatively affect workers or are associated with a bias (in the design or the data), the right to explanation becomes an essential defence mechanism. A specific framework based on articles 12-15, 22 and recital 71 of the GDPR must be developed and apply to all forms of employment. In practice, when a decision supported by an algorithm has been made and negatively affects a worker, such framework should enable the individual to obtain information that is simultaneously understandable, meaningful and actionable; receive an explanation as to the logic behind the decision; understand the significance and the consequences of the decision, and challenge the decision, vis-à-vis the employer or in court if necessary.

Purpose of AI algorithms: in an occupational setting, having access to the code behind an algorithm is not useful per se. What matters to workers is understanding the purpose of the AI system or the algorithm embedded in an application. This is partly covered by GDPR article 35, on the obligation to produce data-protection impact assessments. Further action is however needed to make sure workers’ representatives are involved.

Involving workers’ representatives when conducting AI risk assessments at work, pre-deployment: Given the potential risk of misuse, as well as of unintended or unanticipated harmful outcomes stemming from AI systems, employers should have the obligation under the proposed regulation to conduct technology risk assessments before their deployment. Workers’ representatives should be systematically involved and have a role in characterising the level of risk arising from the use of AI systems and in identifying proportionate mitigation measures, all along the life cycle. Risk assessments should address general issues about cybersecurity, privacy and safety, as well as specific associated threats.

Addressing intrusive surveillance: workplace monitoring is increasingly being replaced by intrusive surveillance, using data related to workers’ behaviour, biometrics and emotions. Given the risk of abuse, legal provisions are needed to ban such practices.

Boosting workers’ autonomy in human-machine interactions: this entails ensuring that workers are ‘in the loop’ of fully or semi-automated decision-making and that they make the final decision, using the input from the machine. This is particularly important when joint (human-machine) problem-solving takes place. Boosting workers’ autonomy means sustaining the accumulated tacit knowledge of the workforce and supporting the transfer of that knowledge to the machine—whether it be a co-operative robot or a piece of software. This is particularly pertinent to processes that require testing, quality control or diagnosis.

Enabling workers to become ‘AI literate’: acquiring technical skills and using them ‘at work’, although necessary, is not enough and mostly serves the interests of one’s employer. Becoming ‘AI literate’ means being able to understand critically the role of AI and its impact on one’s work and occupation, and being able to anticipate how it will transform one’s career and role. Passively using AI systems does not benefit workers themselves—a certain distance needs to be established for them to see AI’s overall influence. There is scope here for a new role for workers’ representatives to flag up digitally-related risks and interactions, to assess the uncertain impact of largely invisible technologies and to find new ways of effectively integrating tacit knowledge into workflows and processes.

Two scenarios

In the negotiations over the AI regulation, two possible scenarios have emerged. The first revolves around adding ‘protective’ amendments to the text. This may not be enough, as significant fixes are required to extend its legal purview and make substantial changes to its scope.

The second scenario involves adopting complementary rules on AI for the workplace. These would add to the GDPR and the commission’s draft directive on improving working conditions in platform work, in particular when it comes to algorithmic management.

As the Dutch toeslagenaffaire has shown, algorithms can have a direct and damaging impact on people and on workers’ lives. For trust ever to exist, the AI act must be reorientated: its current focus is on enabling business and promoting the EU as a global AI leader, when the priority should be to protect citizens and workers.

Pics
Aida Ponce Del Castillo

Aida Ponce Del Castillo is a senior researcher at the European Trade Union Institute.

Harvard University Press Advertisement

Social Europe Ad - Promoting European social policies

We need your help.

Support Social Europe for less than €5 per month and help keep our content freely accessible to everyone. Your support empowers independent publishing and drives the conversations that matter. Thank you very much!

Social Europe Membership

Click here to become a member

Most Recent Articles

u421983467 9c73 b24a0b674750 1 The West’s Defence Now Depends on Trump’s Mood SwingsStefan Stern
u4219834674735ecb6fd43 0 The Dark Side Of The Boom In Last-Mile LogisticsSilvia Borelli
u421983467e464b43d2 1 Why European Security and Sovereignty Depend on Its Digital SectorMariana Mazzucato
u42198346c3fba71fa474 0 As Temperatures Rise, European Workers Face a Looming ThreatMarouane Laabbas-el-Guennouni
u42198346741 4727 89fd 94e15c3ad1d4 3 Europe Must Prepare for Security Without AmericaAlmut Möller

Most Popular Articles

u4219834647f 0894ae7ca865 3 Europe’s Businesses Face a Quiet Takeover as US Investors CapitaliseTej Gonza and Timothée Duverger
u4219834674930082ba55 0 Portugal’s Political Earthquake: Centrist Grip Crumbles, Right AscendsEmanuel Ferreira
u421983467e58be8 81f2 4326 80f2 d452cfe9031e 1 “The Universities Are the Enemy”: Why Europe Must Act NowBartosz Rydliński
u42198346761805ea24 2 Trump’s ‘Golden Era’ Fades as European Allies Face Harsh New RealityFerenc Németh and Peter Kreko
startupsgovernment e1744799195663 Governments Are Not StartupsMariana Mazzucato
u421986cbef 2549 4e0c b6c4 b5bb01362b52 0 American SuicideJoschka Fischer
u42198346769d6584 1580 41fe 8c7d 3b9398aa5ec5 1 Why Trump Keeps Winning: The Truth No One AdmitsBo Rothstein
u421983467 a350a084 b098 4970 9834 739dc11b73a5 1 America Is About to Become the Next BrexitJ Bradford DeLong
u4219834676ba1b3a2 b4e1 4c79 960b 6770c60533fa 1 The End of the ‘West’ and Europe’s FutureGuillaume Duval
u421983462e c2ec 4dd2 90a4 b9cfb6856465 1 The Transatlantic Alliance Is Dying—What Comes Next for Europe?Frank Hoffer

Eurofound advertisement

Ageing workforce
The evolution of working conditions in Europe

This episode of Eurofound Talks examines the evolving landscape of European working conditions, situated at the nexus of profound technological transformation.

Mary McCaughey speaks with Barbara Gerstenberger, Eurofound's Head of Unit for Working Life, who leverages insights from the 35-year history of the European Working Conditions Survey (EWCS).

Listen to the episode for free. Also make sure to subscribe to Eurofound Talks so you don’t miss an episode!

LISTEN NOW

Foundation for European Progressive Studies Advertisement

Spring Issues

The Spring issue of The Progressive Post is out!


Since President Trump’s inauguration, the US – hitherto the cornerstone of Western security – is destabilising the world order it helped to build. The US security umbrella is apparently closing on Europe, Ukraine finds itself less and less protected, and the traditional defender of free trade is now shutting the door to foreign goods, sending stock markets on a rollercoaster. How will the European Union respond to this dramatic landscape change? .


Among this issue’s highlights, we discuss European defence strategies, assess how the US president's recent announcements will impact international trade and explore the risks  and opportunities that algorithms pose for workers.


READ THE MAGAZINE

Hans Böckler Stiftung Advertisement

WSI Report

WSI Minimum Wage Report 2025

The trend towards significant nominal minimum wage increases is continuing this year. In view of falling inflation rates, this translates into a sizeable increase in purchasing power for minimum wage earners in most European countries. The background to this is the implementation of the European Minimum Wage Directive, which has led to a reorientation of minimum wage policy in many countries and is thus boosting the dynamics of minimum wages. Most EU countries are now following the reference values for adequate minimum wages enshrined in the directive, which are 60% of the median wage or 50 % of the average wage. However, for Germany, a structural increase is still necessary to make progress towards an adequate minimum wage.

DOWNLOAD HERE

S&D Group in the European Parliament advertisement

Cohesion Policy

S&D Position Paper on Cohesion Policy post-2027: a resilient future for European territorial equity

Cohesion Policy aims to promote harmonious development and reduce economic, social and territorial disparities between the regions of the Union, and the backwardness of the least favoured regions with a particular focus on rural areas, areas affected by industrial transition and regions suffering from severe and permanent natural or demographic handicaps, such as outermost regions, regions with very low population density, islands, cross-border and mountain regions.

READ THE FULL POSITION PAPER HERE

ETUI advertisement

HESA Magazine Cover

With a comprehensive set of relevant indicators, presented in 85 graphs and tables, the 2025 Benchmarking Working Europe report examines how EU policies can reconcile economic, social and environmental goals to ensure long-term competitiveness. Considered a key reference, this publication is an invaluable resource for supporting European social dialogue.

DOWNLOAD HERE

Social Europe

Our Mission

Team

Article Submission

Advertisements

Membership

Social Europe Archives

Themes Archive

Politics Archive

Economy Archive

Society Archive

Ecology Archive

Miscellaneous

RSS Feed

Legal Disclosure

Privacy Policy

Copyright

Social Europe ISSN 2628-7641