On 24 January 2023, the Personal Data Protection Authority (the “Authority”) gave the first interpretative and operative indications on the processing by employers of employees’ personal data using automated decision-making or monitoring systems aimed at providing information (i) that is relevant for the recruitment or appointment; for the management or termination of the employment; for the assignment of tasks or duties; or (ii) that affects the supervision, assessment, and performance of employees and the fulfilment of their contractual obligations. Under Legislative Decree 104/2022, the so-called “Transparency Decree”, in fact, any employer using one or more of the above instruments must provide the interested workers with supplementary information in addition to that required under articles 13 and 14 of the GDPR (Regulation (EU) 2016/679). In light of, inter alia, the latest indications of the Authority, this implies that employers need to check the internal processes of the reference organisations for the presence of any such system, and accordingly develop and define the necessary actions to be taken in order to ensure compliance with labour law and data protection legislation.
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