L’uso di dati biometrici nelle procedure di reclutamento al lavoro mediante strumenti di Intelligenza Artificiale. Difficoltà normative multilivello

With the advent of mobile network connection tools, the use of digital platforms for carrying out ordinary tasks, as well as the development of social networks, almost the entirety of people life - located in geographical areas not affected by the digital divide - are projected in the datafied environment of the Internet. This datafication now concerns more and more the very physical and behavioral features of people, especially those belonging to the younger generations who, on the one hand, have total confidence with digital recording tools and, on the other, appear less sensitive to the confidentiality of their exposures. As a consequence, this makes biometric data – once hard to obtain without the subject’s collaboration or an act of coercion upon him - widely available for collection and processing. This large availability makes it possible to easily use those data for many kinds of applications, far beyond unique identification which has already been a thoroughly scrutinized purpose even from the legal and ethical point of view. This paper deals with the use of biometrics in recruitment and tries to clarify the general European normative framework especially with reference to particularly strict national labour legislations and in the light of the recent European Proposal for a Regulation on AI.