Employers using software to monitor workers’ every movement are likely to be in breach of EU privacy laws, trade unions warn today as they launch a new report on artificial intelligence at work.

The use of surveillance programmes which allow management to monitor every mouse movement and keyboard stroke of their workers – or even access their webcam and microphone – has grown during confinement.

Trade unions have identified at least 11 websites offering companies software which will give them “total control over employees’ computers” or an “over-the-shoulder view of your employee’s PC no matter where in the world they are working”.

All of the software advertised is in breach of the EU’s general data protection regulation, leaving any European companies using their services open to a legal challenge they are likely to lose.

But the situation risks being made worse by weak proposals for EU legislation on AI that fails to properly address its use by employers and impact on workers’ rights. The draft legislation identifies some elements of employment as a “high-risk” use of AI, but the sale and use of such “high risk” AI systems are allowed if they comply with an assessment based on internal control checks, effectively creating a system of self-assessment.

Today’s report by the European Trade Union Institute (ETUI) warns this approach stacks the deck in favour of tech providers when the priority of this Regulation should have been to protect EU citizens and workers’ rights.

The European Trade Union Confederation (ETUC) has written to MEPs calling on them to correct the imbalance between the interests of companies and workers in the European Commission’s proposals, and is today holding an online meeting with the European Commission and European Parliament to discuss its concerns.

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