‘Quis Custodiet Ipsos Custodes’: Regulating AI-Powered Workplace Surveillance in Europe and the United States

Research project

Investigator: Christine Carter

Abstract:
AI-powered surveillance technologies are, despite still being in their early days, a new norm in the modern workplace. These systems monitor and evaluate the performance of workers through the use of advanced algorithms and information analytics programs that utilize data tracking technologies. Most workers are unaware of the fact that these technologies, among many other things, log keystrokes and mouse movements, activate webcams and microphones, and in some cases even track facial expressions and body movements. While some praise the arrival of these AI-powered surveillance systems as a huge success for worker productivity and efficiency, others warn of the arrival of the panoptic workplace that undermines the data autonomy and privacy rights of workers through the use of invasive corporate control measures.

Against this background, the research paper will conduct a comparative review of worker privacy rights in Europe and the United States to examine how their respective privacy laws respond to the emergence of AI-powered surveillance technologies. The aim is to assess where both legal systems draw the line between the fair use of productivity-enhancing technologies and the unfair use of privacy-eroding technologies in the modern workplace. The research paper ultimately aims to determine whether the current legal landscape of privacy laws in Europe and the United States is effective in protecting workers against the perils of these advanced technologies, or whether legal reform is needed.