Danielle Ochs, San Francisco shareholder and co-chair emeritus of the Artificial Intelligence and Innovation Practice Group at Ogletree Deakins, provided analysis to HR Executive regarding California’s Assembly Bill 1883, which would prohibit employers from using AI-enabled workplace surveillance tools to collect neural data or recognize an employee’s emotional state.
Ochs said the bill comes amid growing concern about workplace surveillance and pointed to employer interest in “AI-driven tools that possess potentially intrusive monitoring capabilities,” adding that HR leaders should pay close attention to the rapidly changing legal landscape regulating these tools. She noted that earlier versions of the bill drew objections over concerns it would sweep in facial recognition technology, standard security systems, and AI-based safety tools such as those used to detect distracted or fatigued driving in commercial vehicles, prompting lawmakers to narrow its scope. Ochs also noted that the bill’s language may leave room for representative claims under California’s Private Attorneys General Act, as reported by HR Executive.
Read the HR Executive article here.