European Trade Union Committee for Education

To the permanent representatives of the Council of the EU

On behalf of the European trade union confederations and federations, we are contacting you regarding the ongoing negotiations on the Council's position on the Digital Omnibus proposal.

The Irish presidency's proposed version, which is expected to be discussed on the September 25th, includes reiterations of the Commission proposal under Article 88, which would put European workers at risk of harm from the adverse impacts of artificial intelligence systems and remove protections on key data rights.

The proposed changes to Article 88bis would remove safeguards regarding the processing of workers’ data by AI systems, making any processing of personal data by AI possible by changing the understanding of legitimate interest. This 'carte blanche' access, allowing AI systems to override consent-protecting processes, would render GDPR irrelevant in the context of the algorithmic management of workers' data. Not only sacrificing much-needed protections to systems without security guarantees, such changes would significantly undermining the information and consultation mechanisms that Article 88 is intended to recognise.

We urge you to reject the current Article 88bis amendment and reconsider the necessity of any Article 88 proposals, ensuring they do not jeopardise existing recognised social partner rights and oppose the European Social Model.

Judith Kirton-Darling - industriAll Europe, General Secretary

Jan Willem Goudriaan - EPSU, General Secretary

Jelmer Evers - ETUCE, Director

Nayla Glaise - Eurocadres, President