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Increasingly, governments are 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 in 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.
This policy tracker was compiled by Stephanie Sheir, and is now compiled and updated periodically by Claddagh NicLochlainn, IFOW’s researcher specialising in AI governance. Please get in touch via claddagh@ifow.org if you think there is anything missing.
A proposal to harmonise national liability rules on AI and make it easier for victims of AI-related damage to get compensation.
EU
2022
Proposed by the Commission, awaiting adoption from the European Parliament and the Council of the EU.
The Directive simplifies the legal process for proving damage by an AI system by introducing a presumption of causality if a relevant fault has been established which seems reasonably linked to the performance of the AI system, as well as introducing a right of access to evidence from companies and suppliers where high-risk AI is used. AI in the workplace is considered high risk, as set out in the EU AI Act.
All sections
Fair Conditions, Equality, Dignity, Autonomy, Wellbeing, Support, Participation
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.
EU
2021
Proposed
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.
All sections
Access, Fair Conditions, Equality, Dignity, Support, Participation
The first law in the world seeking to govern AI by a major regulatory body.
EU
2021
Agreed; waiting formal adoption
The EU AI Act adopts a risk-based, horizontal regulatory approach to regulate AI, using a fixed, broad definition of AI and emphasising transparency, human oversight, and risk governance. 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.
The Act also sets out prohibitions on uses of relevance to the workplace, including emotion recognition within the workplace; social scoring; manipulating human behaviour and exploiting vulnerabilities such as economic situation.
All sections
Dignity, Equality
A Bill to establish a new Office for AI within the California Department of Technology.
California, US
Feb 2023
Introduced, held in committee.
The new Office for AI would have the authority to guide the design, development, deployment and use of automated systems, with an emphasis on equality, privacy, transparency and civil liberties.
All sections
Access, Equality, Dignity, Autonomy
A proposal to harmonise national liability rules on AI and make it easier for victims of AI-related damage to get compensation.
California, US
July 2022
Proposed
These draft modifications seek to define automated-decision systems and make specific provisions for the inclusion of these systems in existing employment regulations, with particular impacts in the use of automated screening for hiring.
All sections (see particularly Medical and Psychological Examinations chapter and interesting linkages to personality hiring assessments)
Access, Equality, Dignity
NYC Local Law 144 means that employers and employment agencies that use AEDTs to evaluate candidates that reside in NYC for employment and promotion remain liable for decisions made by those tools, even where those tools are provided to them via third party vendors, and requires them to carry out an annual audit of these tools.
New York City
Placed on agenda in 2020. Enacted in 2021. Took effect 2023
In force
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.
All sections
Equality, Access, Fair Conditions
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.
Washington DC, USA
2021
Proposed
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.
All sections.
Equality, Access, Fair Conditions, Dignity, Wellbeing
The bill requires employers to conduct bias audits and disclose in advance the existence and assessment features of automated employment decision tools.
New York City, USA
Placed on agenda in 2020. Enacted in 2021. Taking effect in 2023.
Enacted
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.
All sections.
Equality, Access, Fair Conditions
The Bill prohibits employers from using facial recognition in interviews unless written consent is provided by the candidate.
Maryland, USA
2020
In force
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.
All sections
Dignity, Access, Autonomy, Participation
The Act regulates the use of AI to analyse video interviews of job applicants.
Illinois, USA
2020
In force
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.
Access, Equality, Dignity
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.
USA
2022
Introduced in the House of Representatives
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.
Section 207: Civil Rights and Algorithms
Access, Equality, Dignity
An act to amend Government and Labour Code.
California, USA
2022.
Referred to the Commission on Privacy & Consumer Protection, California State Assembly
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.
Access, Equality, Dignity
To direct the Federal Trade Commission to require impact assessments of automated decision systems and augmented critical decision processes, and for other purposes.
USA
2022
Introduced
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.
All sections
Equality, Support
This executive order outlines President Joe Biden’s binding principles for Responsible AI.
USA
2023
Issued
The order includes an explicit requirement that workers who are impacted by AI and automation be given a seat at the table, including via collective bargaining, to ensure that they benefit from that automation.
Section 2c
Participation, Support
This legislation aims to direct agencies to be transparent when using automated and augmented systems to interact with the public or make critical decisions, and for other purposes.
USA
2023
Introduced
Critical decisions are defined with the legislation as decisions that impact status, rights, property or wellbeing of an individual with relation to employment, education and vocational training.
All
Equality, Learning
This bill requires the creation of a commission to ensure that through regulation the United States is mitigating the risks and possible harms of artificial intelligence, protecting the United States leadership in artificial intelligence innovation and the opportunities such innovation may bring, and ensuring that the United States takes a leading role in establishing necessary, long-term guardrails to ensure that artificial intelligence is aligned with values shared by all Americans.
USA
2023
Introduced
Among the required composition of the commission is included experts in workforce and civil liberties.
Section 3
Participation
This bill requires the President to implement a National AI Initiative, with responsibilities including but not limited to: preparing the US workforce for the integration of artificial intelligence systems across all sectors of the economy and society.
USA
2021
In force
The Act necessitates the creation of workforce skills and training plans, as well as broader regulation, surrounding the introduction and integration of AI systems across workplaces within all sectors of the economy and society more broadly.
National AI Initiative Action, Chapter 119
Support, Participation.
This bill requires the Office of Management and Budget (OMB) to establish or otherwise provide an artificial intelligence (AI) training program for the acquisition workforce of executive agencies (e.g., those responsible for program management or logistics), with exceptions.
USA
2021
In force
The bill is designed to ensure that the workforce has knowledge of the capabilities and risks associated with AI. The OMB must (1) update the program at least every two years, and (2) ensure there is a way to understand and measure the participation of the workforce and to receive and consider feedback from program participants.
All sections
Autonomy, Support, Participation.
This legislation introduces an office of Global Competition Analysis to, among other things, develop the workforce skills needed in order to ensure the US is a key global competitor in the development of AI technologies.
USA
2023
Introduced
Requires the office to promote workforce training and development aimed at ensuring that the US remains competitive in the field of AI and technology.
Section 2
Autonomy, Support, Participation.
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.
Canada
2019
In force
The bill focuses in part on usages of automated decision making that impact the quality of work, including benefits, education and training.
All sections
Access, Equality
This legislation seeks to regulate the development and use of AI systems in Canada in line with the principles of Responsible AI.
Canada
2023
Tabled; undergoing debate.
The bill focuses particularly on instances that relate to the use of AI systems in hiring as a key area of concern requiring regulation and enforcement.
All sections
Access, Equality, Fair conditions
This legislation sets out the rights of Brazilian citizens with regards to internet usage, provision and data.
Brazil
2014
In force
Many of the principles within the legislation apply to the usage and development of AI systems, particularly with reference to data collection, storage and usage.
Access, Equality
This legislation lays out the responsibilities faced by companies as they develop, deploy and use AI systems.
Brazil
May 2023
Tabled, and undergoing debate.
The bill proposes a series of rights for individuals impacted by the use of AI, in particular workers, and also would mandate algorithmic impact assessments for AI systems designed to be used in ‘high risk’ ways, which includes systems designated for use for education and professional training, recruitment and hiring and biometric systems.
Access, Fair conditions, Equality, Dignity, Autonomy, Support, Participation, Learning
This legislation regulates the development and use of algorithmic systems in China, with particular reference to data privacy.
China
2022
In force
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.
All sections
Access, Fair Conditions, Equality
This bill seeks to regulate the provision of generative AI services in China in a way that is commercial, research and innovation-friendly, as well as recognising possible foreign investment in developing and providing generative AI services in China.
China
2023
In force
The bill regulates the use of Generative AI systems, including within the workplace.
All sections
Equality
The Digital India Act has been proposed as a ‘catch-all’ piece of legislation aimed at updating India’s ‘IT Act 2000’, the last major national legislation to govern the internet and IT more broadly.
India
2023
Proposed
The proposed Digital India Act would introduce rights against automated decision making, ‘algorithmic accountability requirements’ for high risk AI systems, disclosure norms surrounding data collection, and other restrictions on the use of algorithms, and wearable technology in the workplace and beyond.
All sections
Dignity, Equality, Transparency
