To track or not to track? Employees’ data privacy in the age of corporate wellness, mobile health, and GDPR†

Olsen, Céline Brassart

doi:10.1093/idpl/ipaa004

Cited by 10 publications

(5 citation statements)

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“…From the point of view of the GDPR, the autonomy concern can also be related to the consent requirement. On this point, both the European data protection authority and legal scholars [48,49] agree that, in the working environment, consent could not be considered free and informed. For this, a legal basis for the processing of data is necessary.…”

Section: Legal Analysismentioning

confidence: 99%

AI Systems for Occupational Safety and Health: From Ethical Concerns to Limited Legal Solutions

Weerts

Naous

Bouchikhi

et al. 2022

Lecture Notes in Computer Science

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Digital technologies in the workplace have undergone a remarkable evolution in recent years. Biosensors and wearables that enable data collection and analysis, through artificial intelligence (AI) systems are becoming widespread in the working environment, whether private or public. These systems face strong critics in the media and academia, emphasizing the algorithmic management trend. However, they can also be deployed for the common good such as occupational safety and health (OSH). In this sense, they can be promoted by public authorities in a public policy perspective of OSH, and they can also be used by public employers as a tool to improve the health of workers. Nevertheless, we argue that AI systems for OSH do not exclude thorny problems, considering the sensitive data collected, potential chilling effects, and employment discrimination. Based on three realistic scenarios, we identify a series of ethical concerns raised by the use of such AI systems and elaborate on the legal responses to these issues based on existing European law. With this analysis, we highlight blind spots, that is, situations in which existing laws do not provide clear or satisfying answers to relevant ethical concerns. We conclude that other avenues should be investigated to help the public sector determine whether it is legally and socially acceptable to deploy AI systems and achieve their public policy.

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Section: Legal Analysismentioning

confidence: 99%

AI Systems for Occupational Safety and Health: From Ethical Concerns to Limited Legal Solutions

Weerts

Naous

Bouchikhi

et al. 2022

Lecture Notes in Computer Science

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“…A growing body of scholarship is exploring the role of privacy and data protection in the context of work, with a particular emphasis on European regulatory regimes (Brassart Olsen, 2020; Otto, 2019; Simitis, 1999). Given the EU’s early regulatory invention, there is clear potential that the so-called ‘Brussels Effect’ (Bradford, 2020) will lead to spill-overs of similar legislation in jurisdictions beyond European borders.…”

Section: Existing Framework For the Protection Of Employee Privacy At The Workplacementioning

confidence: 99%

Big Data in the workplace: Privacy Due Diligence as a human rights-based approach to employee privacy protection

2021

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Data-driven technologies have come to pervade almost every aspect of business life, extending to employee monitoring and algorithmic management. How can employee privacy be protected in the age of datafication? This article surveys the potential and shortcomings of a number of legal and technical solutions to show the advantages of human rights-based approaches in addressing corporate responsibility to respect privacy and strengthen human agency. Based on this notion, we develop a process-oriented model of Privacy Due Diligence to complement existing frameworks for safeguarding employee privacy in an era of Big Data surveillance.

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“…Smartwatches, fitness trackers, and virtual reality headsets are some of the most popular wearable technology products. These devices aim to provide users with a range of capabilities and benefits like tracking physical activity, monitoring health, and enhancing entertainment (Brassart Olsen, 2020).…”

Section: Introductionmentioning

confidence: 99%

Addressing privacy concerns with wearable health monitoring technology

Sivakumar,

Mone,

Abdumukhtor

2024

WIREs Data Min & Knowl

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The growing popularity of wearable health devices like fitness trackers and smartwatches enables continuous personal health monitoring but also raises significant privacy concerns due to the real‐time collection of sensitive data. Many users are unaware of vulnerabilities that could lead to unauthorized access or discrimination if health information is revealed without consent. However, even informed users may willingly share data despite understanding privacy risks. The recent implementation of the General Data Protection Regulation (GDPR) in the EU and states taking initiatives to regulate privacy shows growing regulatory efforts to address these threats. This paper evaluates the key privacy threats posed specifically by consumer wearable devices. It provides a focused analysis of how health data could be exploited or shared without users' knowledge and the security flaws that enable such risks. Potential solutions including improving protections, empowering user control, enhancing transparency, and strengthening regulations are examined. However, it is argued that effective change requires balancing privacy risks with health benefits while also considering human decision‐making behaviors. The paper concludes by proposing a multifaceted approach to enable informed choices about wearable health data.This article is categorized under: Application Areas > Health Care Commercial, Legal, and Ethical Issues > Fairness in Data Mining Commercial, Legal, and Ethical Issues > Legal Issues

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To track or not to track? Employees’ data privacy in the age of corporate wellness, mobile health, and GDPR†

Cited by 10 publications

References 0 publications

AI Systems for Occupational Safety and Health: From Ethical Concerns to Limited Legal Solutions

AI Systems for Occupational Safety and Health: From Ethical Concerns to Limited Legal Solutions

Big Data in the workplace: Privacy Due Diligence as a human rights-based approach to employee privacy protection

Addressing privacy concerns with wearable health monitoring technology

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