High-risk AI use in an EU workplace
If this system is high-risk under Art. 6, Art. 26 of the EU AI Act asks the deployer to assign human oversight to competent named people, keep its logs for at least six months, and inform workers and their representatives where it is used in the workplace. In Germany the works council's say on devices that monitor employees is named, not quoted.
- When it is raised
- Raised on a face matching camera at an EU site where staff are present (or the coverage could not be read).
- The question
- If this system is high-risk under Art. 6: who are the named people overseeing it, are its logs kept at least six months, and were workers and their representatives informed?
- For
- your lawyer
- The column that settles it
- the analytics or coverage column
- On the row
- a numbered delta and the words "if high-risk" in small capitals; an outlined delta where it rests on a blank column
Clauses by regime
EU AI Act
EU AI Act Art. 26Obligations of deployers of high-risk AI systemsObligations of deployers of high-risk AI systems. Deployers shall use high-risk AI systems in accordance with the IFU; assign human oversight to appropriately competent natural persons; ensure input data is relevant and sufficiently representative; monitor operation and inform the provider of risks/incidents; retain automatically generated logs for at least 6 months (longer where required); inform workers/representatives where used in the workplace; carry out a DPIA where required under GDPR; and where a deployer is a public authority, register the system in the EU database.
EU AI Act Art. 6Classification rules for high-risk AI systemsClassification rules for high-risk AI systems. Determine and record, for each AI system, whether it is high-risk. A system is high-risk where it is intended to be used as a safety component of, or is itself, a product covered by the Union harmonisation legislation listed in Annex I and that product must undergo third-party conformity assessment, or where it falls within an Annex III use case. Where the provider concludes that an Annex III system is not high-risk because it performs only a narrow procedural task, improves the result of a previously completed human activity, detects decision patterns without replacing or influencing human assessment, or performs a preparatory task, that assessment must be documented before the system is placed on the market or put into service and produced to authorities on request. A system that performs profiling of natural persons is always high-risk and the derogation is not available to it.
Named, not quoted
- Works Constitution Act, section 87(1)(6): the works council's say on technical devices designed to monitor employees' behaviour or performance (Germany; named, not quoted)