Should Employees Be Allowed To Use Personal Gen-AI Tools at Work?

This is from the series, “Bytes And Beyond: Navigating AI’s Public Influence” by the “AI For Real” online community. This is a mini-series on AI policies, laws, ethics, and morals.

By: Sorab Ghaswalla

A recent ruling by a court in Hamburg, Germany saying that employees have the freedom to utilize personal gen-AI tools for tasks that can enhance their work performance or personal development, as long as company resources are not accessed or compromised, has focused the spotlight on a major issue — the use of personal gen-AI tools at the workplace.

The court’s decision clarified that “works councils”, representative bodies for employees in certain European countries, do not have co-determination rights when employees utilize these tools through their own private accounts, which are inaccessible to employers. For those who are not aware, a works council advocates for employees’ interests in relation to the employer. This includes ensuring compliance with laws and collective agreements, as well as preventing discrimination based on factors such as gender, age, and origin.

Background

The employer allowed its employees to use a new AI tool to help with their work. They put up an AI Policy on their internal website that laid out the rules and conditions for using this tool.

These AI tools were available through a web browser, and if employees wanted to use them, they had to get their own account (like #ChatGPT) at their own expense.

The company didn’t make its own AI tool, probably because it was concerned about how it might affect job security in the future. But the works council, which represents employees’ interests, felt like the employer didn’t have the right to make decisions about using ChatGPT or to put up the AI Policy without consulting it (the work council).

They asked the employer to block ChatGPT and stop anyone from using it, among other things.

The Hamburg Court, however, ruled that the use of AI tools did not concern issues relating to the organization of the #company and the orderly behavior of employees in the company.

This decision, though not applicable across the board to all companies and types of AI use, highlights two key points:

• Personal use, limited control: Employers cannot dictate or monitor the use of personal gen-AI tools accessed through private accounts. This autonomy empowers employees to leverage these tools for personal productivity or skill enhancement outside the scope of employer-sanctioned software.
• Information and consultation: While direct control over personal gen-AI usage is beyond their reach, works councils still retain the right to be informed and consulted on the implementation of any company-wide AI systems. This ensures transparency and fosters discussion about potential implications for the workforce.

What Do Other Countries’ Labor Laws Have to Say About Use of Gen-AI at Work?

The Hamburg decision is one of the first instances of a court addressing the use of personal gen-AI tools in the workplace.A quick search shows there are no such rulings available in the public domain at least on this topic.More court rulings are likely to come as the technology becomes more prevalent, shaping legal frameworks in different countries. Currently, #laborlaws around the world are still evolving to address the use of personal gen-AI tools in the #workplace. The Hamburg ruling may be a significant step, but it applies to a specific context and does not automatically translate to other jurisdictions.

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Should Employers Object to Use of Personal Gen-AI Tools?

Some labor experts are of the view that employers cannot directly control the use of personal gen-AI tools. But there are some legitimate concerns to address:

• Data security: Ensuring sensitive company data doesn’t inadvertently leak through personal gen-AI tools is crucial. Implementing clear guidelines and employee education on data security practices becomes vital.
• Intellectual property: Ownership of intellectual property generated by personal gen-AI tools used for work-related tasks needs clarification. Establishing clear policies can prevent disputes in the future.
• Ethical considerations: The potential for bias amplification or content manipulation through personal gen-AI tools requires attention. Organizations need to foster a responsible AI culture through training and ethical guidelines.

Should Employers Ask Workers to Use Gen-AI Tools, but With Personal Accounts?

There’s no easy answer to this.

Allowing personal gen-AI tools has certain benefits:

• Cost-effectiveness: No additional costs for the employer.
• Employee choice and familiarity: Employees can choose tools they find most convenient and familiar, potentially leading to higher adoption and productivity gains.
• Innovation and diverse functionalities: Employees might introduce the company to new genAI tools and functionalities.

This approach might seem appealing due to cost savings, but it does raise further issues:

• Security risks: Data security and privacy concerns arise if employees use tools with unknown security protocols or handle sensitive company data through them.
• Unequal access: Not all employees might have access to reliable devices or internet connections.
• Lack of control and support: Employers have limited control over the functionalities and data handling practices of personal genAI tools, and may struggle to offer adequate technical support.
• Potential for bias: Personal genAI tools might carry inherent biases that can negatively impact decision-making or content creation.
• Responsibility and support: Employers would have limited control over the tools used and lack the ability to offer technical support or ensure proper training.

Will Deployment of Gen-AI Tools by Employers Themselves Solve This Problem?

Employer-provided AI tools do offer advantages.

Employers can choose gen-AI tools that align with their specific needs and ensure compliance with company policies, fostering standardization and control. This allows them to select tools with functionalities that directly address their requirements and mitigate any potential risks associated with non-compliant personal tools. Additionally, employers can provide training and support to ensure employees are comfortable and skilled in using the chosen tools, maximizing their effectiveness and ensuring they are used appropriately.

However, there are potential drawbacks:

• Cost: Acquiring and maintaining licenses can incur additional costs.
• Limited flexibility: Employees might lose the freedom to choose tools they find more user-friendly.
• Potential resistance: Some employees may be hesitant to adopt new technology.

Future of Gen-AI in Workplace

While the Hamburg ruling empowers individuals, it is important to acknowledge the potential challenges and navigate them responsibly. Open communication, clear policies, and ongoing discussions between #employers and #employees are crucial to ensure a safe, ethical, and productive environment where both parties can benefit from the potential of gen-AI tools.

Ultimately, the decision depends on careful consideration of these factors and the specific context of the workplace. A hybrid approach, allowing for both options with clear guidelines and limitations, might be one way out.

Open communication and collaboration between employers and employees are crucial for navigating the use of gen-AI tools in a way that benefits everyone while addressing potential risks and challenges.

Let’s not forget, this is a continuously evolving landscape. Staying informed and engaging in open dialogue will be vital as we navigate the use of gen-AI tools in the workplace and beyond.

Disclaimer: The views/opinions expressed in this post are those of the writer. AI For Real may or may not agree with it or subscribe to it.

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