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Some Comments on the Unsuitability of the General Data Protection Regulation in the Field of Employment Relations in the Context of Automated Decision-Making

Author

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  • Hamuľák Juraj

    (Professor of labor law at the Law Faculty, Comenius University in Bratislava.)

  • Kluknavská Andrea

    (Andrea Kluknavská is an assistant professor at the Faculty of Law, Matej Bel University in Banská Bystrica.)

Abstract

New technologies currently affect all human activities and are becoming a part of our everyday lives. The use of digitalisation, algorithmic management, and the withdrawal of human decision-making in various phases of working life entails many risks not only in the field of work and human resource management. Even though the rules of algorithmic management do not come only within the scope of employment law, and at the same time employment law fails to explicitly provide for proper protection of employees against damage suffered as a result of automated decision-making, this issue is partially covered within the scope of personal data protection. At the centre of our attention is the issue of the sufficiency of these rules in the field of personal data protection concerning employment law relations, including certain de lege ferenda suggestions.

Suggested Citation

  • Hamuľák Juraj & Kluknavská Andrea, 2023. "Some Comments on the Unsuitability of the General Data Protection Regulation in the Field of Employment Relations in the Context of Automated Decision-Making," European Studies - The Review of European Law, Economics and Politics, Sciendo, vol. 10(2), pages 203-220.
    • Handle: RePEc:vrs:eurstu:v:10:y:2023:i:2:p:203-220:n:1009
    DOI: 10.2478/eustu-2023-0018
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