The role of Union Representation in privacy compliance management

The growing phenomenon of digitalization, the use of automated decision-making tools, and the reliance on artificial intelligence-equipped software entail a limitation of worker freedom. The Italian legislator has always envisaged limitations on the surveillance of workers. One of the main features of the new and modern work tools is to monitor, through data, the activities of workers. Article 4 of the Workers' Statute regulates the remote monitoring of work activities. Originally, the article prohibited any form of remote surveillance in the workplace except for certain specific exceptions regulated by the law. With the amendments introduced in 2015, it was clarified that surveillance devices can only be implemented under certain legitimizing circumstances. Indeed, their installation must still follow the rules established in 1970, requiring the employer to reach an agreement with the company's union representatives or, in the absence of an agreement (or of representatives), the system must be authorized by a competent institution. The collected data may be used for purposes related to the employment relationship, provided that the employees are informed about how these tools will be used and monitored, and that the privacy laws are respected, including those specified in the Privacy Code, particularly in articles 114 and 115. Remote monitoring of workers Remote monitoring of workers t...