UK mulls making employers ask before installing bossware

The UK government is contemplating the introduction of regulations that would require employers to seek employee consent before implementing "bossware" - software that monitors employees' digital activity, measures productivity, and influences working conditions. The Department for Business and Trade is exploring the potential need for new rules, guidance, or legal obligations regarding workplace surveillance as technology becomes more pervasive in the workplace.

The government is considering various approaches, including non-statutory guidance, a statutory code of practice, or even legal consultation requirements for trade unions or employee representatives.

Research indicates that one in three UK organizations currently actively monitor employees' digital activities, a figure that has more than doubled in just two years, from one in five employers in earlier studies. The government supports the use of bossware to enhance productivity, investment, and economic growth, but it also warns of potential privacy, autonomy, and unfair outcomes when monitoring systems are based on incomplete or inaccurate data.

Artificial intelligence is a significant component of the proposed regulations, but the government's guidelines extend beyond AI to include other technologies such as automated decision-making, algorithmic management, CCTV, access control systems, biometric surveillance, keystroke monitoring, productivity software, and systems employing AI.

The government is currently seeking feedback on whether its proposed broad definition of workplace monitoring technology is appropriate. The consultation seeks input on whether the definition should be too restrictive or not broad enough to encompass all relevant technologies. If the government decides to impose a statutory consultation duty, employers could face an additional layer of complexity in navigating GDPR, local employment laws, and the EU AI Act.

Stephanie Lees, a data protection specialist at Pinsent Masons, suggests that this could further burden HR teams, making the deployment of AI-powered workforce optimization tools a more intricate HR exercise than merely an IT task.