The CSE: guardian of your rights in the face of AI
In France, the Social and Economic Committee (CSE) plays a central role in protecting employees when an employer deploys AI systems. Article L. 2312-38 of the Labour Code requires consultation of the CSE before any introduction of new technologies liable to have consequences for employment, working conditions or professional training. AI clearly falls into that category.
If your employer has rolled out an AI surveillance or evaluation system without prior consultation of the CSE, that rollout is liable to be declared unlawful by the judicial court, which can lead to the suspension of the system and to damages.
What your employer can and cannot do
Your employer can use AI to improve productivity, manage schedules, analyse aggregated activity data and automate administrative tasks. Your employer cannot use AI to monitor you disproportionately, take disciplinary or dismissal decisions based solely on algorithms without human intervention, collect biometric data without your explicit consent, or use covert surveillance techniques.
The CNIL has sanctioned several employers for disproportionate surveillance practices: screen captures every 10 minutes, keyloggers recording every keystroke, continuous analysis of activity on messaging applications. These practices are presumed unlawful under French law.
Your rights in practice
If you believe an algorithm has influenced an important decision about you (an evaluation, a refused promotion, a dismissal), you have the right to ask your employer for an explanation of the logic of the system used (right to explanation, GDPR Article 22), for access to the personal data used in that decision (right of access, GDPR Article 15), and for a review of that decision by a human being. These rights are exercised by registered letter addressed to the DPO or the HR department. If there is no response within one month, you can take the matter to the CNIL.
