Negotiating the Future of Work: Automation and New Technology
One of the main concerns around new technology is that data on workers is being unfairly captured and leading to the increased monitoring and surveillance by employers. Recent research has found that an increasing number of workers are having their every movement at work tracked, many without even being aware that this is happening. Examples include the use of CCTV, but also ‘keyboard-stroke’ and other software used to monitor a worker’s computer activity, ‘wearable-technology’ and algorithms as ‘management’ tools.
Without agreements in place, much union work in this area has been reactive. This includes, for example, the GMB speaking out against the introduction of intrusive tracking technology imposed on Churchill security guards, and the National Union of Journalists stopping the Telegraph from using heat and motion sensor devices to monitor the time journalists spend at their desk.
Education unions UCU, NASUWT and the NEU also encouraged their branches to get agreements around the move to blended learning in schools, colleges and universities that happened during the pandemic. They wanted to ensure that there was adequate training and support to use the technology, no intensification of workload and that no staff member is recorded or observed without their consent. With recorded teaching sessions particularly, there are issues around data protection and intellectual property rights.
The main principles that have been agreed by unions around data and new technology are that workers’ data should be protected, only captured consensually and that workers’ privacy should be maintained.
The Prospect union recommends union reps get involved in Data Protection Impact Risk Assessments (DPIAs) during the introduction of any new way of gathering workers’ personal data - carrying one out is an employer’s legal duty under GDPR regulations. The UK Information Commissioners Office (ICO) has stated that consultation with data subjects is a key part of this process. Reps and officers should ask employers if they are aware of their responsibilities to conduct DPIAs and to confirm the existence of any DPIAs relating to the processing of workers’ personal data. They can also ask to be informed and involved as and when future DPIAs are undertaken.
Example: Keeping personal data private in Royal Mail
The CWU agreed that the new automated HR system in Royal Mail Group, which includes the use of smart cards, will not be used to capture further worker data. The Terms of Reference states:
“It is recognised by both parties that the advances in the capability of technology of this nature has transformed the transparency of our actions in everyday working life. This provides opportunities for innovations in identifying training needs and operational efficiencies, but it also raises genuine concerns for employees in respect of intrusiveness and individual privacy. Therefore it is reaffirmed that all data usage will fully comply with the terms of Section 17 of the Four Pillars Agreement.
Movement of staff between work areas or tasks will not be monitored or recorded by the hours capture hardware.
No data will be captured in relation to tasks performed or productivity of individuals.
Where toilet/welfare facilities are off the work floor, no records will be kept of the number or duration of visits by any individual member of staff.”
Example: Data protection in EVG/DB Work 4.0 agreement
The EVG’s Work 4.0 specifically bans ‘mechanical performance and behaviour control’ and ensures its agreement goes beyond the German data protection laws.