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Limitations on the processing of personal data by means of automated monitoring systems or automated decision-making systems

1. Digital labour platforms shall not, by means of automated monitoring systems or automated decision-making systems:

(a) process any personal data on the emotional or psychological state of a person performing platform work;

(b) process any personal data in relation to private conversations, including exchanges with other persons performing platform work and the representatives of persons performing platform work;

(c) collect any personal data of a person performing platform work while that person is not offering or performing platform work;

(d) process personal data to predict the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter;

(e) process any personal data to infer the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, emotional or psychological state, trade union membership, sex life or sexual orientation;

(f) process any biometric data, as defined in Article 4, point (14), of Regulation (EU) 2016/679, of a person performing platform work to establish that person’s identity by comparing that data to stored biometric data of natural persons in a database.

2. This Article shall apply to all persons performing platform work from the start of the recruitment or selection procedure.

3. In addition to automated monitoring systems and automated decision-making systems, this Article shall also apply where digital labour platforms use automated systems taking or supporting decisions that affect persons performing platform work in any manner.