Widespread use in the company - Forum dyskusyjne

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From his point of view, “despite the appearance of said guide, it is still too early to know what level of conflict these algorithms can generate within companies. Many times, workers are not aware that they are being used . And that is the first step. In fact, what is known as the Spanish Rider Law includes in its articles the need to provide information about the algorithms to the works councils about their use and the logic of the algorithm itself. It's about knowing how they work and what kind of decisions they are making," he warns.

From there, "if it is discovered that this algorithm is generating discrimination of different Fax Lists kinds in the company against certain groups such as temporary workers or other groups, then that is when the conflict could arise."

In his opinion, “it is more logical for the company to adapt the algorithm that it incorporates into its management to the philosophy of its company. It's something we'll see more of in the future. "It is about being really useful and avoiding any type of discrimination against the workers of any company, which violates fundamental rights or which may even cause health problems."

In his opinion, this widespread use has spread especially to companies of a certain size. “It may not have reached SMEs but the rest already use it in one way or another. The issue here is that algorithms present a series of risks that must be analyzed.”

From that perspective, “it is possible that an algorithm could discriminate against women in selection processes . ” This is not conceived and the studies that have been carried out over the years indicate that there is this risk. The same applies to occupational risks at work that can cause accidents at work or cause the excess workload that the algorithm gives to the worker to end up causing this type of accident, if not stress, burnout or other issues.” For this jurist, “recognition of risks does not mean that they are being misused , what it means is that these risks have to be analyzed, especially because now there is awareness that they are discriminatory and that they can cause this type of situations.” Thus, he considers that “the first thing an entrepreneur should do is analyze his algorithms. That is basic for many reasons, including for reasons derived from corporate social responsibility but also for legal reasons .”

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