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NLJ this week: Rights & wrongs where employees monitored by wearable neurotech

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When advanced neurotechnology is used to monitor employees, what legal issues arise? In this week’s NLJ, Harry Lambert, Outer Temple Chambers, and Josh Neaman, Devereux Chambers, examine workplace rights at a new frontier, in the 8th part of a special NLJ series

Wearable brain-computer interfaces (BCIs) create challenges relating to unfair dismissal and discrimination. Workplace monitoring via BCIs could lead to discrimination, particularly once algorithmic biases affect data reliability.

Lambert, founder and head of the Centre for Neurotechnology and Law, and Neaman, give the example of ‘emotional monitoring of floor staff in a restaurant reveals which staff have the greater propensity to get angry with customers. This information then forms the basis for management decisions around that employee’. 

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