Under the GDPR, transparency and accountability are essential principles. If you are using AI to support decision-making processes in HR and it involves processing personal data of your employees, you generally have an obligation to provide them with clear and transparent information about how their data is being used, including the involvement of AI.
The specific requirements for informing employees about the use of AI in decision making can depend on various factors, such as the nature of the AI system, the types of data being processed, and the potential impact on individuals. In general, you should consider providing employees with information about the following:
- Purpose: Explain the purpose of using AI in HR decision making and how it benefits both the organization and the employees.
- Data processing: Describe the types of data that are being processed by the AI system and how they are collected, stored, and used. This should include information on any automated decision-making processes involved.
- Profiling: If the AI system involves profiling employees based on their personal data, such as performance evaluations or career progression, you should inform them about this and provide details about how such profiles are created and used.
- Consequences: Inform employees about the potential consequences or effects of the AI system’s decisions on them. For example, if the AI system determines promotions or performance evaluations, employees should be aware of how these decisions are made and the impact they may have.
- Rights: Emphasize that employees have the right to access their personal data, rectify inaccuracies, request erasure under certain circumstances, and object to automated decision-making.
It’s important to note that this information should be provided in a clear, concise, and easily accessible manner. You may consider developing a privacy notice or a specific section in your HR policies that addresses the use of AI in decision making.
Keep in mind that the above suggestions are general guidelines, and the specific requirements may vary depending on your jurisdiction and the recommendations provided by relevant data protection authorities. Therefore, it is crucial to seek legal advice to ensure compliance with the GDPR and any other applicable laws.
