Protecting personal data in South Africa: the legal imperative for artificial intelligence regulation in the workplace

Abstract

The increasing use of artificial intelligence (AI) raises concerns about the protection of the personal data of workers in South Africa. Although the Protection of Personal Information Act (POPIA) provides a framework for protecting personal information, it does not specifically address AI systems. As a result, the use of AI in the workplace poses significant risks, including discrimination and privacy concerns. The absence of a single, comprehensive legislation regulating AI in the workplace exacerbates these risks, calling for the establishment of a binding instrument, an Act that applies not only to the state but also to the private sector. This mini-thesis argues for the need to establish a single legislation that deals specifically with AI in the workplace, learning from international best practices such as the European Union‘s Artificial Intelligence Act (EU AI Act) and the General Data Protection Regulation (GDPR). It concludes that regulating AI is crucial for protecting personal data, promoting transparency and accountability, and improving working conditions.