Automated Decision-Making and Algorithmic Management: Implications of the CJEU's SCHUFA (Scoring) Case for the EU Labour Law
Guardado en:
| Publicado en: | Artificial Intelligence and Productivity: Challenges and Opportunities (2025), p. 1-22 |
|---|---|
| Autor principal: | |
| Publicado: |
University of Rijeka
|
| Materias: | |
| Acceso en línea: | Citation/Abstract Full Text Full Text - PDF |
| Etiquetas: |
Sin Etiquetas, Sea el primero en etiquetar este registro!
|
MARC
| LEADER | 00000nab a2200000uu 4500 | ||
|---|---|---|---|
| 001 | 3273090199 | ||
| 003 | UK-CbPIL | ||
| 035 | |a 3273090199 | ||
| 045 | 2 | |b d20250101 |b d20251231 | |
| 100 | 1 | |a Martinović, Adrijana |u Department of European Public Law, University of Rijeka, Faculty of Law, Hahlić 6, HR-51000 Rijeka, Croatia | |
| 245 | 1 | |a Automated Decision-Making and Algorithmic Management: Implications of the CJEU's SCHUFA (Scoring) Case for the EU Labour Law | |
| 260 | |b University of Rijeka |c 2025 | ||
| 513 | |a Conference Proceedings | ||
| 520 | 3 | |a Praised by many as a landmark ruling with wider impact on Al-powered automated decision-making systems across sectors, and equally criticised for creating systemic fissures in the GDPR framework, the recent judgment by the Court of Justice of the European Union in SCHUFA (scoring) case (C-634/21) concerning the interpretation of Article 22(1) GDPR deserves to be scrutinised in light of its potential implications for the EU labour law and the regulation of algorithmic management practices. Employers increasingly rely on automated systems to support or fully automate their management decisions. The use of automated decision-making systems in the recruitment and/or employment context largely falls back on the general data protection rules. However, there are limits, ambiguities, and potential gaps regarding their application that could undermine the workers protection, and bring into question regulatory compliance. The emerging EU legislation, such as the proposed Platform Work Directive (COM (2021) 762), aims to provide specific obligations concerning algorithmic management. Even if this legislation is passed, it will apply only in the context of platform work, and not in traditional employment, which could result in different levels of protection. The question about the nature and scope of Article 22 GDPR in the employment context therefore remains relevant. This paper will critically evaluate the findings from the SCHUFA (scoring) case and explore their impact on the current and future regulation of algorithmic management. The aim is to propose workable solutions that harness the benefits of legitimate algorithmic management practices, while safeguarding the workers rights in the Al-driven world of work. | |
| 653 | |a Data integrity | ||
| 653 | |a Personal information | ||
| 653 | |a Management decisions | ||
| 653 | |a Artificial intelligence | ||
| 653 | |a Employment | ||
| 653 | |a Decision making | ||
| 653 | |a Data processing | ||
| 653 | |a Labor law | ||
| 653 | |a Legislation | ||
| 653 | |a Algorithms | ||
| 653 | |a Automation | ||
| 653 | |a General Data Protection Regulation | ||
| 773 | 0 | |t Artificial Intelligence and Productivity: Challenges and Opportunities |g (2025), p. 1-22 | |
| 786 | 0 | |d ProQuest |t Advanced Technologies & Aerospace Database | |
| 856 | 4 | 1 | |3 Citation/Abstract |u https://www.proquest.com/docview/3273090199/abstract/embedded/75I98GEZK8WCJMPQ?source=fedsrch |
| 856 | 4 | 0 | |3 Full Text |u https://www.proquest.com/docview/3273090199/fulltext/embedded/75I98GEZK8WCJMPQ?source=fedsrch |
| 856 | 4 | 0 | |3 Full Text - PDF |u https://www.proquest.com/docview/3273090199/fulltextPDF/embedded/75I98GEZK8WCJMPQ?source=fedsrch |