International Employment Lawyer
The Data Use and Access Bill, or DUA, has received royal assent, marking one of the most significant changes to data protection law in the UK since the introduction of GDPR.
“Employers should carefully consider the use of AI in the workplace,” says Littler’s Deborah Margolis, who advises organisations to “interrogate any AI they use to ensure that there is no potential discrimination or bias”.
She also warns to be mindful of the new restriction on the use of AI for special category data, and to ensure this data is not used as part of the automated decision-making.
She continues: “Ensure that [automated systems] comply with requirements provided by law when using AI in the workplace; for example, in relation to notice – which is an existing requirement – as well as in relation to transparency, human intervention, and the ability for employees to contest decisions, which are provided under the new law.”
In addition to familiarising themselves with the upcoming changes and considering their business impact, Margolis recommends employers start “reviewing and considering whether data privacy notices and data protection policies need to be updated.”
It is also worth reviewing any employee processes which may involve AI, she adds, noting that the law permits a wider scope of automated decision-making than previously permissible, which may enable employers to take advantage of additional tools and systems.
Margolis further suggests employers update their internal training procedures and prepare data protection complaints forms and procedures, as the DUA requires.
