노동 영역에서 알고리즘 혹은 인공지능에 대한 스페인의 규율 및 검토

Today, as algorithms and artificial intelligence are used in the labor sector, workers are controlled and monitored in a different way than traditional face-to-face command and supervision. The control and surveillance by algorithms and artificial intelligence is invisible and hidden from the outside. This opacity makes the relationship between algorithmic or artificial intelligence users and those who provide labor to them ambiguous as to whether it is a general contractual relationship or employment relation. This opacity is also leading to new controls on human resources management within companies. The types of algorithms and AI used in the labor field can be in general employment relationships or in labor provision relationships through digital platforms using algorithms or AI. However, regardless of the area, there is a risk that when a legal issue arises in the field where algorithms or AI are used, the business owners of the algorithm or AI will try to avoid taking legal responsibility for it, but they will try to transfer the responsibility to the algorithm, AI or the digital platform itself. In such cases, it is possible that a human being may suffer harm for which no one is responsible. The opaqueness and ambiguity of algorithms and AI have led to demands for transparency, negotiation, and other regulations by platform labor providers and related trade unions. Among nations, in particular, Spain has taken leading measures in enacting regulatory legislations on algorithms and AI, with being based on social dialogue between labor, management and government. In this paper, I examined the trends in the regulation of algorithms or AI in Spain. And I also studied the related issues and challenges by taking inspirations from the case of Spain.