The Internet of Things and Artificial Intelligence as Workplace Supervisors: Explaining and Understanding the New Surveillance to Employees Beyond Art. 8 ECHR

Abstract

The Internet of Things (IoT) and Artificial Intelligence (AI) are overexposing the employee under the employer scrutiny. Through a labour oriented approach to privacy and data protection, this contribution aims to detect principles of explainability and understanding of the new workplace surveillance under the ECHR. In fact, looking at the ECtHR’s jurisprudence it is possible to theorise that the Court’s margin of appreciation may be stricter in safeguarding employees’ privacy and essential labour rights when the surveillance measure interferes with individual and collective autonomy of the workforce.