Artificial intelligence and the problem of transparency of automated decision-making in the sphere of labor

Abstract

The use of artificial intelligence allows the employer to optimize the process of personnel decision-making, but creates a threat of negative impact on the rights of the employee. In this regard, the employee has a legitimate interest in ensuring transparency of automated personnel decision-making. However, the law does not set a standard for such transparency. In the article, the author analyzes the approach to the regulation of automated decision-making, perceived in the law of the European Union and the Russian Federation. Based on the results of the study, the author suggests measures to improve the current legislation. The main conclusion is that the absolute prohibition on automated decision-making affecting the interests of an employee, provided for in the Part 6 of Article 86 of the Labor Code of the Russian Federation, should give way to the regulation of key issues related to automated decision-making. This regulation should provide for a number of obligations of the employer, including ensuring transparency of automated decision-making processes.