Mariapaola Aimo

From employee filing to profiling by algorithms: do we still need Article 8 of the Workers’ Statute?

  • Abstract

Informations and abstract

Keywords: Italian Workers’ Statute; Investigations into employees’ personal opinions; Profiling; HR Analytics; Dignity and personal identity; Data protection.

The prohibition imposed to the employers by Article 8 of the Workers’ Statute to investigate employees’ personal opinions and not relevant facts for the purposes of assessing their professional aptitude covers today, in the era of social media and of AI applied to HR management, a renewed interest. The author highlights that Article 8, despite its limits, can still play, in the new digital scenario, an important function in delimiting the work debt area and in contrasting discriminatory practices. In particular, the purpose is to verify how this rule can fill with legal content, in relation to employment relationships, the fundamental principles that regulate the processing of personal data, in line with the setting of the Gdpr according to which Member States may provide for specific measures to protect the fundamental rights of workers

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