Automated Decision-making and Profiling in Employment Relationships under General Data Protection Regulation

The goal of this article is to analyse the impact of a legal regulation of the General Data Protection Regulation on employment relationships. The scope of this contribution is preferentially on a regulation reacting to modern technologies applied to the processing of personal data. The main object of this article is therefore a regulation of decision-making based on automated processing including profiling and its suitability to cope with specific problems, which are caused in employment relationships in practice by the automated decision-making.
The result of the analysis is a conclusion that regulation of the automated decision-making and profiling stated by General Data Protection Regulation could, depending on resolving of an interpretation unclarities, notably strengthen the protection of rights and position of employees subjected to the automated personal data processing. On the other hand, new regulation imposes a challenge for employers to adapt the decision-making processes to difficult conditions, but also for developers of profiling algorithms to ensure a transparency of the automated decision-making.