Piercing the Veil of Opacity: Responsibility and Liability for People Analytics Tools at the Workplace

The use of digital technologies for workplace monitoring renders organizational responsibilities murky and opaque. However, clear responsibility for monitoring practices is key for both legal compliance and potential liability, as well as for ethical managerial practice to uphold the respect for human rights, in particular employee privacy. This article argues that responsibility for the use of people analytics tools in the work context should remain primarily with the employer as the operator of AI solutions and should be anchored in strong human oversight. The employer should carry out due diligence regarding the potential adverse impacts arising from workplace monitoring.