Information obligation and entirely automated systems

Abstract

By examining the first case-law pursuant to Article 28 of the Workers’ Statute, the author focuses, first of all, on the lack of a clear legislative definition of (entirely) automated decision-making or monitoring system, referred to in the algorithmic transparency regulation introduced by Legislative Decree No. 104/2022, showing the inconsistencies arising from the legal wording as amended by the so-called “Work Decree” (Decree-Law n. 48/2023) and wishing for a convincing definitory approach – and therefore of delimitation of the objective scope of application of this discipline – based on the concrete investigation of human contribution. The focus is also paid to the importance of the collective plan and the possible links with the in progress European framework on artificial intelligence and digital platforms.

Keywords

• information right
• automated decision-making or monitoring system
• anti-union conduct
• transparency decree
• work decree