Source · Select Committees · Business and Trade Committee
Recommendation 4
4
Deferred
Paragraph: 39
Mandate impact assessments by businesses and consultation rights for workers on new workplace technologies.
Recommendation
We call on the Government to introduce, whether by statute in the Data Protection and Digital Information (No. 2) Bill, or by other means, a requirement a) on businesses to conduct impact assessments to understand the scope and consequences of the use of new technologies in the work place; and b) for workers to have the right to consultation and notification where the application of technology in the workplace will result in the surveillance of a worker, or result in a significant change to their work. That notification should explain in plain English what the technology is, when it is being implemented, how it will be operated, and what the impact will be on the worker. We encourage employers to involve workers in the design and implementation of new workplace technologies from the start of that process.
Government response summary AI-generated
The government response focuses on the lack of private investment in workplace training and reskilling, outlining government actions on tax frameworks and skills system accessibility, and announcing guidance for businesses on AI skills to be published this summer. It does not address the recommendation to introduce requirements for impact assessments or worker consultation and notification regarding new workplace technologies, particularly surveillance.
Summary of the government's response below — read the verbatim text to verify.
Paragraph Reference:
39
Government Response
Deferred
HM Government · verbatim extract
Deferred
The Government recognises that whilst the increasing development and use of new technologies (including AI) can create wide social benefits, including more and better jobs, it can also introduce new risks and challenges such as changes in the workplace. The Government recognises that the deployment of technologies in workplaces involves consideration of a wide range of regulatory frameworks—including data protection law, human rights law, potentially also legal frameworks relating to health and safety, and, employment law. The Government’s wider approach to the governance of AI and emerging technologies will also play an important role. For example, the white paper on AI regulation, published in March for consultation, describes a context specific approach to AI regulation, to ensure our expert regulators can help us maximise the opportunities brought by AI while keeping people safe and secure. When technologies use personal data, the current data protection framework provides robust protections for data subjects, including in workplaces. The fairness, lawfulness, and transparency principle requires employers (data controllers) to be transparent with their employees (data subjects) about how their personal data is used, including for monitoring purposes. Article 13 UK GDPR also sets out information to be provided where personal data is collected from their employees, which includes information around the purpose of the processing for which the personal data are intended as well as the legal basis for the processing. assessments when personal data is processed. ICO guidance sets out that it is good practice to consult affected data subjects and include summaries of findings in the assessment.1 1 https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation- gdpr/principles/accountability-principle/ 4 Post-pandemic economic growth: UK labour markets: Government Response The Data Protection and Digital Information Bill will reinforce and provide further clarification with respect to the important safeguards for solely automated decision- making (as set out in Article 22 UK GDPR), which may be used in some workplace technologies. These safeguards ensure individuals are made aware of, and can seek human intervention regarding, significant decisions that are taken about them through solely automated means. The reforms to Article 22 will make clear both employers’ obligations and employee rights in these scenarios. The existing data protection legislation together with the reforms contained in the Bill provide important safeguards to employees in a data protection context. The Government maintains a pro-innovation stance and does not believe excessive restrictions on the use of technology are appropriate, nor that the Bill is the appropriate vehicle to address the wider proposals raised in the Report.
Read the full response on Parliament ↗