REPORTING AND ENFORCEMENT

If a digital system does not operate within an organisation’s values and norms, it can cause significant damage

This is particularly the case when the system plays a key role in an organisation’s operations or handles large volumes of data. If an employee misuses a digital system, this can also have significant negative consequences. That is why it is important that incidents are identified early and taken seriously. Everyone within the organisation must be alert to possible wrongdoing relating to the deployment and use of digital systems without integrity, and must feel valued when discussing or reporting problems in this area. This requires employees to identify integrity violations quickly, and employers to act swiftly when a report is made and take enforcement action if rules are breached. The use of digital technologies must take place within the established frameworks. Deliberately disregarding those frameworks should have employment law consequences.

KEY DEVELOPMENTS

Digital technologies are making it increasingly easy to detect irregularities, for example by monitoring outgoing emails to detect leaks of sensitive information. Digital systems can be set up in such a way that unethical use by employees can be identified and addressed quickly.

When using digital technologies to detect irregularities, the interests of all parties involved must be weighed, and close scrutiny of proportionality is essential. In addition, organisations are not always permitted to follow up on signals of irregularities themselves; enforcement may need to be carried out by the police, the judicial authorities, an inspectorate or a supervisory authority.

If AI-based digital technologies are used in work processes, it is unclear who is responsible if an incorrect decision is made. Examples include an unjustified rejection or a discriminatory assessment. Sometimes there is legal uncertainty regarding liability, or it is unclear whether this involves a system error or an error by the user of the digital tool. It is therefore important to make clear agreements about who oversees the use of digital technologies and to inform employees when they are being monitored in general terms.

Tips

When using digital technologies to enforce rules, consider the proportionality of their use and weigh the interests involved. Just because something is technically possible does not always mean it is preferable from an integrity perspective. Inform employees about this.
Offer employees opportunities to report doubts and concerns about digital technologies. Take concerns seriously, address them appropriately and use signals as input for evaluating digital technologies in work processes.
Determine who is authorised to take enforcement action in response to the improper use of digital technologies, and in what circumstances. Describe this in the reporting procedure and the investigation protocol.

POINTS TO CONSIDER

AI is an attractive tool to improve the efficiency of work processes and procedures, but caution is advised when investigating integrity violations and wrongdoings. It is important to critically assess which datasets AI uses to make recommendations about possible integrity violations. A self-fulfilling prophecy is also a risk when using AI for enforcement. An example is provided in Chapter 2.1 of this brochure.
Employees must be aware of the rules for using digital technologies if they are to use them with integrity. Tell employees how improper use of the digital workplace is addressed. Do employees know how to use an organisation’s digital systems in a way that prevents negative side effects, such as discriminatory decisions?
Are employees familiar with the procedure for reporting the use of digital technologies without integrity? Are they aware that they may also use this to report wrongdoing arising from the use of digital technologies without integrity? To what extent do employees feel free to share their concerns and doubts about the deployment and use of digital technologies? How are these concerns addressed in the organisation?