Algorithmic Governance and Governance of Algorithms by Unknown

Author:Unknown
Language: eng
Format: epub
ISBN: 9783030505592
Publisher: Springer International Publishing

5 Conclusion

Although it is currently difficult to predict how popular microchipping may become as a means to monitor employees’ activities, various organizations in different parts of the world have already started to accommodate such practice. Thus, rather than remaining doubtful about the usefulness of such technology in work contexts, researchers and policy makers should start the discussion on how to manage such chips in order to respect the privacy of employees. This chapter aims to start such a discussion by questioning the applicability of GDPR in the context of microchips and the lawfulness of microchipping under the GDPR.

Our analysis indicates that if data received from microchips is linked to an employee who is identified or identifiable, the application of GDPR is triggered. The GDPR will become applicable if the personal data are directly stored on the chip or can be indirectly linked to an employee by combining chip’s unique number, with other data.

Due to the physical intrusiveness of chips, it is also important to make sure that employers cannot pressure or otherwise exclude employees who do not want to be microchipped. Such activity would raise fundamental human rights concerns, including bodily integrity. Therefore, employers who want to gather data from microchips have to rely on a valid consent to lawfully introduce microchips in the workplace. It is advisable for the employer to clearly inform employees about the voluntariness of giving their consent.

However, due to several concerns raised in this chapter, we argue that consent should not be considered as the only legal ground for data processing in case on microchipped employees but rather applied together with another legal ground—the legitimate interest of the employer.

The legitimate interest together with the agreement of the employee seems to offer some room for employers who wish to conduct employee’ monitoring via data gathered through microchips. It enables the employers to carry out more invasive forms of surveillance as long as they can prove that the measure is not disproportionate and appropriate technical and organizational measures are in place to safeguard the rights of the implanted employees.

An option that complements the general framework provided by the GDPR can be specific national rules that protect microchipped employees. We argue, that due to the complex and vague rules of the GDPR, microchips are likely to expand without clear direction, which may further deteriorate employee privacy protections. Thus we believe that employees and employers would benefit from a clear and stable approach concerning microchipping. In fact, due to the imbalance of power between employers and employees, we argue, that national laws should strengthen the employees’ ability to reject microchipping and give specific rules about monitoring microchipped employees. Considering that microchipping of employees should be truly optional and voluntary, it might be appropriate to consider adopting a legislation that would prohibit the compulsory use of chips or require companies to always provide the infrastructure supporting the use of different technologies rather than relying exclusively on chips.

In the future, employee’s movements and other sensitive information could be available to employers

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