UK mulls making employers ask before installing bossware

The UK government is contemplating a measure to compel British employers to seek consent from their employees prior to deploying "bossware" surveillance software. This proposal, brought forth by the Department for Business and Trade, aims to scrutinize the relevance of existing rules in light of the growing prevalence of software that monitors employees' activities, evaluates their performance, and influences decisions affecting their work life.

The government has not yet determined a specific course of action and is currently soliciting input on whether non-regulatory guidance, a statutory code of practice, or a legal mandate for consultation with recognized trade unions or elected employee representatives would suffice. Workplace monitoring technology (WMT) is increasingly commonplace, with one in three UK organizations reportedly actively surveilling employees' digital activities, up from one in five two years prior, as per research.

While the government contends that WMT can enhance productivity, investment, and economic growth when implemented effectively, it also warns of potential risks such as invasion of privacy, disproportionate surveillance, and unfair or biased outcomes arising from the use of incomplete or inaccurate data. Artificial intelligence (AI) plays a significant role in the consultation, although the proposals transcend AI's scope, encompassing automated decision-making and algorithmic management, which raise concerns regarding transparency, accountability, and the technology's impact on workers.

The definition of what constitutes WMT remains a subject of debate, as the government proposes a comprehensive interpretation that includes CCTV, access control systems, biometric technologies, location tracking, keystroke monitoring, productivity software, and systems that utilize AI. The government is seeking feedback on the appropriateness of this definition.

This consultation is part of the government's broader initiative to boost economic productivity, known as Make Work Pay, and is set to conclude on September 30. If the government determines to institute a statutory consultation duty, employers will face an additional layer of scrutiny, potentially transforming the deployment of advanced AI-driven workforce optimization suites into as much an HR endeavor as an IT project.