On 18th November 2021, the German Parliament passed the "Act Amending the Protection against Infection Act and other Laws on the occasion of the Repeal of the Determination of the Epidemic Situation of National Significance." The Act obliges employers, with regards to § 28b para. 2 Sentence 1 IfSG, to monitor compliance with the “3G rules” in the workplace. At first glance, this obligation does not suggest any major difficulties, since simple entry checks can theoretically be carried out. However, on a closer look, as is so often the case, data protection problems arise.
The ARTIFICIAL INTELLIGENCE ACT published by the European Commission on 21.04.2021 aims to regulate the use of these systems. An objective measure of risk assessment will be applied, with four different levels of risk. In this article by ZELLER & SEYFERT, you will find out how these are designed and what practical effects the decision will have. To begin with, this much: According to our assessment, it is likely that all artificial intelligence measures related to German labor law will be subject to significant regulation.