The impact of algorithmic systems in personnel selection processes. Analysis in the light of the new European Regulation on artificial intelligence

Abstract

The use of automated algorithmic systems in personnel selection processes is becoming increasingly standardized in all companies, both nationally and internationally. In the face of its unstoppable apogee, and in order to address the controversial ethical and fairness challenges posed by its use, we must adopt effective and fruitful measures that guarantee the fundamental rights of candidates. In the present research, we will focus especially on examining the potential infringement of the right to non-discrimination and equal opportunity, which, like other fundamental rights, can often be threatened by the opacity of algorithms, the lack of transparency in their operation, or simply, by the existence of inherent biases in the data used to train them.

Subsequently, we will analyze the legal defense mechanisms currently in place to enable affected individuals to assert their rights in the context of algorithmic recruitment processes. Specifically, we will focus on the instruments of judicial protection and the role of collective bargaining in the implementation and use of algorithmic systems in the company, determining whether the legal representatives of the workers really have the capacity for negotiation and dialogue in this matter.

All this will be studied bearing in mind the new European Regulation on artificial intelligence, which undoubtedly promises to become the fundamental tool for forging a series of clear limits to algorithmic systems in the field of business, encouraging responsible innovation and finally consolidating a uniform legal framework on the subject at the European level.