Spotlight
A cross processed image of the dictionary definition of the word: Legislation.
August 23, 2022

Tracking international legislation relevant to AI at work

Governments around the world are increasingly recognising the need for novel legislation to ensure the responsible deployment of AI in the workplace.

To benchmark UK activity, we are mapping international legislation that recognises the novel impacts of AI at the workplace. We have also outlined related principles of IFOW's Good Work Charter for each piece of legislation. Our aim is to support research and policymaking by creating a comprehensive online resource.

Legislation currently mapped includes: 

This policy tracker has been compiled by Stephanie Sheir, IFOW’s researcher specialising in AI governance, and will be periodically updated. Please get in touch via stephanie@ifow.org if you think there is anything missing.

North America

Stop Discrimination by Algorithms Act of 2021

In one sentence:  

The Act implements transparency requirements for and a prohibition on using protected characteristics in algorithmic decision making that determines individual access to important life opportunities.

Region applicable to: 

Washington DC, USA

First released:  

2021

Current status: 

Proposed

TL;DR and why it matters for the future of work: 

The Act focuses specifically on algorithmic decision making with 'adverse action', defined as a denial, cancellation, or other adverse change or assessment regarding an individual’s eligibility for, opportunity to access, or terms of access to important life opportunities. The world of work would certainly be implicated here, and would be subject to novel requirements for notice and disclosure of the use of personal information in algorithmic decisions and auditing for discriminatory processing.

Relevant chapters: 

All sections.

Good Work Charter principles considered:

Equality, Access, Fair Conditions, Dignity, Wellbeing

Automated employment decision tools 

In one sentence:  

The bill requires employers to conduct bias audits and disclose in advance the existence and assessment features of automated employment decision tools.

Region applicable to: 

New York City, USA

First released:  

Placed on agenda in 2020. Enacted in 2021. Taking effect in 2023.

Current status: 

Enacted

TL;DR and why it matters for the future of work: 

The bill uses a precise but not overly narrow definition of automated employment tools and mandates sensible requirements surrounding non-discrimination and transparency disclosure to candidates.

Relevant chapters: 

All sections.

Good Work Charter principles considered:

Equality, Access, Fair Conditions

Labor and Employment - Use of Facial Recognition Services - Prohibition

In one sentence:

The Bill prohibits employers from using facial recognition in interviews unless written consent is provided by the candidate.

Region applicable to:

Maryland, USA

First released:

2020

Current status:

In force

TL; DR and why it matters for the future of work:

While notice and consent is insufficient on its own to safeguard applicants' rights, this is a useful first step in securing transparency and accountability in AI video interviews at the state level.

Relevant chapters:

All sections

Good Work Charter principles considered:

Dignity, Access, Autonomy, Participation

Directive on Automated Decision-Making

In one sentence:

To ensure that automated decision-making systems used in the public sector are deployed in a manner that reduces risks to Canadians and federal institutions, and leads to more efficient, accurate, consistent and interpretable decisions made pursuant to Canadian law.

Region applicable to:

Canada

First released:

2019

Current status:

Passed, in third review as of April 2022.

TL; DR and why it matters for the future of work:

The third review of the Directive proposes expanding the scope to include impacts on internal federal employees, effectively including the public sector workplace as an area of concern.

Relevant chapters:

All sections

Good Work Charter principles considered:

Access, Equality

Artificial Intelligence Video Interview Act

In one sentence:

The Act regulates the use of AI to analyse video interviews of job applicants.

Region applicable to:

Illinois, USA

First released:

2020

Current status:

In force

TL;DR and why it matters for the future of work:

Likely the first of its kind, the Act implements accountability and transparency measures for AI video interviews, including disclosure of the use and functioning of AI. The Act requires the consent of job applicants, procedures for deletion of videos on request, restrictions on the sharing of videos and annual reporting of the race of hired and rejected applicants to the Department of Commerce and Economy Opportunity.

Good Work Charter principles considered:

Access, Equality, Dignity

American Data Privacy and Protection Act (ADPPA)

In one sentence:

Described as the American GDPR, the ADPPA seeks to provide consumers with data protection rights such as data minimisation and the rights to consent and object, as part of a 'privacy by design' approach.

Region applicable to:

USA

First released:

2022

Current status:

Introduced in the House of Representatives

TL;DR and why it matters for the future of work:

The ADPPA mandates the use of Algorithmic Impact Assessments (AIAs) for large data holders that use an algorithm that may cause harm to an individual. These harms include those related to the making or facilitating advertising for, or determining access to employment, and those related to disparate impact on the basis of sensitive characteristics.

Relevant chapters:

Section 207: Civil Rights and Algorithms

Good Work Charter principles considered:

Access, Equality, Dignity

Workplace Technology Accountability Act

In one sentence:

An act to amend Government and Labour Code.

Region applicable to:

California, USA

First released:

2022

Versions:
Current status:

Referred to the Commission on Privacy & Consumer Protection, California State Assembly

TL;DR and why it matters for the future of work:

The Act places restrictions on the use of automated decision-making in the workplace, and mandates the disclosure of certain information by the employer to employees when these systems are deployed.

Relevant chapters:
  • Chapter 4: Algorithms
  • Chapter 5: Impact Assessments
Good Work Charter principles considered:

Access, Equality, Dignity

Algorithmic Accountability Act

In one sentence:

To direct the Federal Trade Commission to require impact assessments of automated decision systems and augmented critical decision processes, and for other purposes.

Region applicable to:

USA

First released:

2022

Current status:

Introduced

TL;DR and why it matters for the future of work:

The Act is one of the most wide-ranging pieces of algorithmic accountability legislation, regulating automated decision-making that has any legal, material, or similarly significant effect on consumer lives. Although the Act is aimed at consumers and is thus enforced by the Federal Trade Commission, such general purpose legislation will certainly have impacts on the world of work and names employment as a critical area of concern.

Relevant chapters:

All sections

Good Work Charter principles considered:

Equality, Support

Europe

Platform Work Directive

In one sentence:

A set of measures to improve the working conditions in platform work and to support the sustainable growth of digital labour platforms in the EU.

Region applicable to:

EU

First released:

2021

Current status:

Proposed

TL;DR and why it matters for the future of work:

The Directive proposes novel wide-ranging rights for platform workers, with provisions on employment status, algorithmic management, human oversight of automated decisions and human review of significant decisions. Remedies for platform workers are also proposed, including rights to redress, protection from dismissal and communication channels amongst workers.

Relevant chapters:

All sections

Good Work Charter principles considered:

Access, Fair Conditions, Equality, Dignity, Support, Participation

Artificial Intelligence Act (EU AI Act)

In one sentence:

The first law in the world seeking to govern AI by a major regulatory body.

Region applicable to:

EU

First released:

2021

Current status:

Proposed

TL;DR and why it matters for the future of work:

The EU AI Act adopts a risk-based, horizontal regulatory approach to regulate AI, using a fixed, broad definition of AI and a product safety approach. The Act will have wide-ranging implications for all uses of AI on the single market, including work which is identified as a high risk area.

Relevant chapters:

All sections

Good Work Charter principles considered:

Dignity

Asia

Internet Information Service Algorithmic Recommendation Management Provisions

In one sentence:

First-of-its-kind legislation in China regulating the targeting of recommendation algorithms.

Region applicable to:

China

First released:

2022

Current status:

In force

TL;DR and why it matters for the future of work:

The legislation establishes several novel rights for consumers, including the right to be informed about the use and operational mechanisms of algorithmic recommendation, the right to opt-out and the right to not to be subjected to differentiated treatment, which effectively outlaws 'unreasonable' dynamic pricing. Whether and how this applies to workers remains to be seen. The Bill requires service providers to cater to the rights and interests of elderly people and workers.

Good Work Charter principles considered:

Access, Fair Conditions, Equality

A cross processed image of the dictionary definition of the word: Legislation.

Author

Stephanie Sheir

Publication type

Tracker

Programme

Power

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