AI at Work: Reframing Data Protection through the Lens of Labor Law

Artificial Intelligence is reshaping the workplace, but the legal framework designed to protect workers’ privacy is struggling to keep pace. This article challenges the notion that AI requires exceptional legal treatment, arguing instead that it magnifies long-standing tensions within data protection and labor law. It highlights two core structural flaws: the illusion of individual control over personal data and the limits of accountability in algorithmic environments. As the AI Act introduces new rules, it risks sidelining key GDPR principles – such as purpose limitation and data minimization – by failing to confront the complexity of adaptive and non-deterministic systems. The paper focuses on the critical issue of automated decision-making, where existing safeguards, like Article 22 GDPR, often fall short. It calls for a shift from individual empowerment to collective oversight, empowering trade unions to scrutinize algorithmic systems – including their source code – while navigating the sensitive balance with trade secret protections.