Employers are implementing AI systems that rely on ever increasing amounts of worker data and personal information. This data can be fed into invasive bossware systems that surveil and manage workers. In this context, workers need updated laws that protect their privacy, dignity and equity at work.
The federal government held a review of the federal Privacy Act that governs how it treats the data of both federal government employees and public service users. CUPE made a submission to this review through a working group made up of trade union representatives and labour movement leaders, labour lawyers and academics.
Workers’ data in the age of AI
Workers’ privacy rights are more important than ever as employers implement invasive AI “bossware” tools. These systems can dictate who gets hired, how tasks are assigned, how workers are assessed and even discipline and termination.
The submission made key recommendations to protect workers including:
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Provide notice and informed consent to workers and their unions about data collected in the workplace. The notice should include how the personal data will be used and where the data will be stored.
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When automated decision-making systems are used in the workplace, notify workers and their union of the personal information used to make the decision, the purpose and scope of the decision and the logic and parameters that affect the decision.
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Prohibit invasive tech such as facial recognition, emotion recognition and other biometric data collection or monitoring tools from the workplace.
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Strictly limit the collection of sensitive worker data information including health information, accommodation requests, biometric data and equity data.
The federal government must ensure that updated privacy laws provide greater protections for workers’ data and privacy. Updates to privacy law also need to protect the public as governments introduce increasing numbers of AI systems that assess, review and make decisions about public services. This will help ensure that workers and the public are protected through this era of technological transformation.
