In recent years, artificial intelligence has evolved from an experimental technology into a tool that is increasingly integrated into the day-to-day activities of HR functions. Among other things, the applications currently available can automate CV screening, support the identification of candidates who are best suited to a specific position, analyse individual performance, predict employee turnover and even make recommendations on career paths and reward systems.
This evolution certainly represents a significant opportunity for organisations. The use of AI promises greater efficiency, faster decision-making and the ability to process volumes of data that would be difficult for a person to manage. However, when these tools have a direct impact on access to employment, career development opportunities or even the continuation of the employment relationship, legal, ethical and organisational issues inevitably arise and cannot be overlooked.
It is therefore not surprising that the European legislator has identified employment as one of the areas in which the use of artificial intelligence may pose the greatest risks to individuals’ fundamental rights. Indeed, in the final version of the AI Act, systems used for recruitment, employee management and performance evaluation are included among the applications classified as “high-risk”.
The approach adopted by the AI Act is based on risk management. Not all AI applications are regulated in the same way: the greater the potential impact of a system on individuals’ rights, the stricter the applicable obligations.
In the context of human resources management, the European legislator has determined that certain applications require enhanced oversight precisely because they may influence particularly sensitive decisions. These include, for example, systems used to analyse or filter applications, assess candidates during recruitment processes, monitor employee performance, carry out individual assessments, or support decisions concerning recruitment, promotions, transfers or termination of employment.
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