LOS DERECHOS DIGITALES DEL EMPLEADO PÚBLICO ANTE LAS TRANSFORMACIONES TECNOLÓGICAS Y EL USO DE LA IA EN LOS PROCESOS DE GESTIÓN DE PERSONAS
The purpose of this paper is none other than to make a first approximation to the impact that technological transformations and the use of artificial intelligence (AI) systems in personnel management may have on the rights of public employees. Our legal system has only reacted very modestly to these...
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| Format: | Article |
| Language: | Spanish |
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Instituto Vasco de Administración Pública (IVAP)
2025-06-01
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| Series: | Revista Vasca de Gestión de Personas y Organizaciones Públicas |
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| Summary: | The purpose of this paper is none other than to make a first approximation to the impact that technological transformations and the use of artificial intelligence (AI) systems in personnel management may have on the rights of public employees. Our legal system has only reacted very modestly to these new phenomena and has done so insufficiently and belatedly. It has done so by adapting some rights to the new digital era, such as the right to digital disconnection and the fundamental right to privacy when the administration uses video surveillance or geolocation systems, or when it makes digital devices available to its employees for the performance of their duties. These are the so-called ¿digital rights¿ in the work environment that were introduced in 2018 with the addition of letter j.bis) to art. 14 of the Basic Statute of the Public Employee. However, this framework of rights needs to be reworked to adapt it to the new reality and, in particular, to the new challenges posed by the use of AI in people management. The Charter of Digital Rights, approved by the Government in 2021, although lacking normative value, provides the legislator with important guidance in this respect. |
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| ISSN: | 2173-6405 2531-2103 |