Employment Update: AI Regulation

Employers using AI to recruit, manage or evaluate staff should prepare for new and increased regulatory oversight. The Workplace Relations Commission has been designated as a market surveillance authority under the AI Act, to supervise high-risk AI and prohibited AI systems used in the area of employment. The WRC has issued an FAQ, click here to explain its role as a market surveillance authority and what employers should do when implementing AI in the workplace. If you wish to contact the WRC as a MSA under the EU AI Act (2024), you must submit a query using the Irish AI Office’s Contact Form, click here.

Key Points on AI in the Workplace

  • The AI Act does not prohibit all workplace AI, but it regulates higher-risk uses more strictly.  Certain workplace AI is completely prohibited.
  • AI systems used in recruitment and employment decisions can affect fundamental rights and may be high-risk.
  • The WRC’s role is connected to employment, equality and workplace rights issues within its remit.
  • Other regulators may also be involved where AI issues concern data protection, consumer protection, safety or sector-specific regulation.
  • Employers should be able to explain, justify and oversee AI-supported workplace decisions.
  • Workers and job applicants should keep records if they believe AI has affected a workplace or recruitment decision unfairly.
  • Further queries can be sent to AiAct@Workplacerelations.ie
  • PLEASE NOTE: Separate to workplace rights and obligations, to contact the Workplace Relations Commission (WRC) as an MSA authority under the EU Artificial Intelligence Act (2024), you must submit a query using the Irish AI Office’s Contact Form. To access this form and for information on regulation of Artificial Intelligence under the EU AI Act (2024) please consult the AI Office’s website AI Office of Ireland Contact Form.

 

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