Dalle schedature dei lavoratori alla profilazione tramite algoritmi: serve ancora l’art. 8 dello Statuto dei lavoratori?

The prohibition imposed to the employers by Article 8 of the Workers’ Statute to investigate employees’ personal opinions and not relevant facts for the purposes of assessing their professional aptitude covers today, in the era of social media and of AI applied to HR management, a renewed interest. The A. highlights that Article 8, despite its limits, can still play, in the new digital scenario, an important function in the delimitation of the work debt area and in contrasting discriminatory practices. In particular, the objective is to verify how this rule can fill with legal content, in relation to employment relationships, the fundamental principles that regulate the processing of personal data, in line with the setting of the GDPR according to which Member States may provide for specific measures to protect the fundamental rights of workers.