Workforce Analytics v Fundamental Rights Protection in the EU in the Age of Big Data Data Mining 40 Comparative Labor Law & Policy Journal 2018-2019

40 Comp. Lab. L. & Pol'y J. 389 (2018-2019)
Workforce Analytics v Fundamental Rights Protection in the EU in the Age of Big Data

handle is hein.journals/cllpj40 and id is 425 raw text is:

WORKFORCE ANALYTICS V FUNDAMENTAL

RIGHTS PROTECTION IN THE EU IN THE AGE

OF BIG DATA

Marta Ottot

I. INTRODUCTION

The ever-evolving Information Society-within which information
became the world's most valuable resource,1 along with the generally
accessible information and communication technologies-resulted in the
acquisition and processing of various types of data in the contemporary world
of work on an unprecedented scale. The widespread availability of vast
amounts of increasingly complex data (Big Data2) makes the use of
predictive data mining to establish recurrent patterns or 'profiles'3 an
essential part of not only contemporary business strategy, but also
organization and management structures. Notably, this new dynamic is
visible in both public and private employment sectors, where it becomes
important for different aspects and peculiarities, such as recruitment, staff
organization and management, both direct and indirect supervision of the
employees, surveillance of Internet access, and e-mail communication,4 as
well as the optimization of employees' employability.5

t Assistant Professor, Department of Labour Law, Faculty of Law and Administration, University
of Lodz, Poland.
1. David Parkins, Regulating the Internet Giants: The World's Most Valuable Resource is No
Longer Oil, but Data, ECONOMIST, May 6, 2017, at 7.
2. See generally VIKTOR MAYER-SCHONBERGER & KENNETH CUKIER, BIG DATA: A REVOLUTION
THAT WILL TRANSFORM How WE LIVE, WORK AND THINK (2013).
3. Gloria Gonzdlez Faster et al., Profiling in the European Union: A High-Risk Practice 2 (INEX
Policy Brief No. 10, June 14, 2010), https://www.ceps.eu/publications/profiling-european-union-high-
risk-practice.
4. Valeria Ferraris et al., Defining Profiling 28 (Dec. 11, 2013) (Working Paper),
http://www.unicri.it/special topics/citizen profilinglWP1 final version 9 gennaio.pdf.
5. See, e.g., Jqdrzej Niklas et al., Profiling the Unemployed in Poland. Social and Political
Implications of Algorithmic Decision Making, Panoptykon Found. (Oct. 2015),
https://panoptykon.org/sites/default/files/leadimage-biblioteka/panoptykon profiling report final.pdf;
Thomas Schnee, Germany. Milla an intelligent online training platform, PLANET LABOR (Nov. 8, 2018,
no. 10889), https://www.planetlabor.com/en/employment-legislation/employment-policy-employment-
legislation/germany-milla-an-intelligent-online-training-platform-in-brief/; Thomas Schnee, Austria: An
algorithm that evaluates the unemployed, PLANET LABOR (Oct. 24, 2018, no.10867),
https://www.planetlabor.com/en/employment-legislation/employment-policy-employment-
legislation/austria-an-algorithm-that-evaluates-the-unemployed-briefly/.

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