Risks for Personal Data of an Employee when the Employer Uses Technologies of Artificial Intelligence in the Countries of the Eurasian Economic Union

Abstract

Usage of neural network technologies, namely various learning and self-learning programs that gather, analyze a great volume of information on an employee and manufacturing process, have an access to a worldwide network, are integrated with video-, audio-, and other fixation systems by employers generates new economic and technological and social and legal risks. Inconsistence of labor and information legislation in the field of protection of personal data of employees determines novel conditions for potential violations of rights of employees and growth of the quantity of labor conflicts. Separate problems are caused by gathering and treating personal data with artificial intelligence and far from all of them are technical in nature, even if determined by specific features of neural network technologies. This article discusses main risks for personal data of employees under conditions of usage of specific neural network technologies for staff recruitment and supervision over employees, including monitoring in order to ensure the safety of work performance. With this object in view, labor codes, laws, and bylaws on labor protection, laws on protection of personal data of the countries of the EAEU. Systemic and complex analysis of sources of legal regulation and comparative legal studies were primary investigative techniques. In consequence of this, legal and social risks of usage of neural network technologies for staff recruitment and organization of supervision over compliance with labor discipline by employees, especially in regard to the provision of safe labor conditions, as well as discrepancies between labor and information legislations were revealed. Several methods for overcoming revealed discrepancies, which allow to ensure a proper protection of employees’ rights in the field of protection of personal data before long, were proposed.