Algorithmic surveillance of employees: framework and limits
Algorithmic monitoring of employees is strictly regulated: proportionality and prior information required by the Labour Code and GDPR, works council consultation, and since February 2025, a ban on emotion recognition at work by the AI Act. The CNIL has sanctioned excessive surveillance systems; the article cites public decisions.
Algorithm-based employee surveillance is strictly regulated in France. It must be proportionate to the purpose pursued, brought to the knowledge of employees under Article L1222-4 of the Labor Code, and comply with the GDPR. The introduction of such systems falls under consultation with the social and economic committee (CSE). Since February 2, 2025, the European regulation also prohibits emotion recognition in the workplace. The CNIL has sanctioned excessive surveillance systems. Surveillance is neither free nor prohibited: it is limited.
The principle of proportionality
An employer may implement controls, but they must be justified by the nature of the task and proportionate to the goal pursued. Permanent, generalized surveillance without justification is disproportionate and unlawful.
Prior information
Article L1222-4 of the Labor Code prohibits collecting information on an employee through a device that has not been previously brought to their attention. Covert surveillance is prohibited. Employees must know what systems concern them.
CSE consultation
The introduction of new technologies and systems affecting working conditions falls under information-consultation of the CSE (Article L2312-8 of the Labor Code). Employee representatives must be informed and consulted.
The ban on emotion recognition
Since February 2, 2025, the AI regulation prohibits emotion recognition in the workplace, except for limited safety or medical exceptions. A system claiming to analyze employees' emotional state is prohibited.
What you can do
Ask what systems concern you and for what purposes. Contact the CSE and employee representatives. Report to the CNIL in case of abusive surveillance.
Frequently Asked Questions
Can my employer monitor my computer activity?
Under conditions of proportionality and prior information, yes. Disproportionate or covert surveillance is unlawful.
Can they analyze my emotions?
No, emotion recognition at work has been prohibited since February 2025.
What to do in case of abuse?
Contact employee representatives and the CNIL, which can impose sanctions.
ICIA Resource
ICIA offers MentivisOS ICIA, a free lifelong platform to learn AI with a personalized learning path.
Discover MentivisOS ICIA