This article was co-authored by Rebecca Dooley, Trainee Solicitor, Dublin.
This is particularly so in light of the increased use of Artificial Intelligence (AI) in software that monitors user location as well as user activity, such as keystroke and computer activity and eye tracking.
Whilst there is often a genuine business need that underpins a certain level of employee surveillance in the workplace, such as time recording, safety and security of employees and supervising employee output, the emergence of AI in the workplace has given rise to employees raising concerns about their rights and freedoms.
Outside of the EU, there have been cases where AI-collected data has been deployed against employees in employment rights cases. For example, the decision of the British Columbia Civil Resolution Tribunal Case on the use of data collected by employee-tracking software, Besse v Reach CPA Inc [11.01.23]. The Court allowed evidence from a time tracking application, which showed the Applicant had logged just over 50 hours of work that was said not to have been spent on work-related tasks.
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