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In Artificial Intelligence

Check Yourself Before You Wreck Yourself: New York and Other States Have Big Plans For Employer Use of AI and Other Workplace Monitoring Tools

by , , , , and 6 Mins Read

New York may soon restrict employers and employment agencies from using fully-automated decision making tools to screen job candidates or make other employment decisions that impact the compensation, benefits, work schedule, performance evaluations, or other terms of employment of employees or independent contractors. Draft Senate Bill 7623, introduced August 4, aims to limit the use of such tools and requires human oversight of certain final decisions regarding hiring, promotion, termination, disciplinary, or compensation decisions. Senate Bill…

In Data Privacy

Bill 88: Lessons Learned from Developing Electronic Monitoring Policies in Ontario

by , , and 6 Mins Read

Since October 11, 2022, employers who electronically monitor their employees with more than 25 employees in Ontario have been required to have a written electronic monitoring policy in place pursuant to Ontario’s Employment Standards act, 2000 (“ESA”), as amended by Ontario’s Bill 88, Working for Workers Act, 2022 (“Bill 88”). However, employers have largely been left to decide how best to introduce and structure these policies given the recency of the law. Some common questions…

In Data Privacy

New York’s New Electronic Monitoring Disclosure Law Requires Action Before May

by , , , and 5 Mins Read

In early May, private sector employers in New York will face new disclosure requirements for electronic monitoring of employees. Beginning May 7, 2022, New York will join Connecticut and Delaware among the states that now require employers to provide written notice to new hires who are subject to electronic monitoring. These new disclosure requirements come after Governor Kathy Hochul signed into law amendments to Civil Rights Chapter 6, Article 5, Section 52-C*2. Here’s what New York…

In Data Privacy

Data as an asset — New Publication

by 3 Mins Read

Click here to download. Data is an asset. Many of today’s successful companies are based on data-driven business models. Big tech businesses are naturally leading the way, but across all sectors businesses are under pressure to leverage or monetize data. Monetizing data can be done in various ways, such as personalizing products or services, making manufacturing or logistic processes more efficient, automating tasks and operations, engaging in targeted advertising and improving internal systems, just to…

In Data Privacy

ECHR To Rule On Employee Monitoring

by 4 Mins Read

The European Court of Human Rights (“ECHR”) recently issued a judgment on the hot topic of employee monitoring in the case of Barbulescu v Romania. In this instance, the majority of judges (in a 6:1 judgment) held that an employee’s right to “private life” and “correspondence” had not been violated by the employer who had accessed the contents of the employee’s work-related instant messaging account. The Underlying DisputeMr Barbulescu, a Romanian national, worked for a private…

In Data Privacy

Monitoring of Employee Email and Internet Use in Germany – Guidance from Data Protection Authorities

by 4 Mins Read

On February 5, 2016 the German data protection authorities, issued guidance (available in German) for private sector organisations explaining when and how an employer may monitor its employees’ work email account and Internet usage (“Guidance”). German employers would be wise to structure their monitoring activities to comply with the Guidance. 1. Threshold QuestionThe applicable legal framework, which determines whether and how an employer may monitor its employees’ work email accounts and Internet usage, depends on…

In Data Privacy

Employee Monitoring: It’s All About Balance

by 3 Mins Read

The monitoring of employees is a poignant example of an activity that requires a balance between the interests of different parties. On the one hand, organizations have a legitimate interest in safeguarding their information. Organizations can invest a significant amount of time and resources securing valuable data from external threats, only to have these efforts thwarted by the careless or intentional actions of an employee. Indeed, a study found that 29 percent of data breaches…