Alessandro Del Ninno
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AI and Employee Monitoring: New Guidance from the Italian Labour Consultants’ Studies Foundation.
INFORMATION TECHNOLOGY
22/09/2026

The increasing use of artificial intelligence, advanced software, sensors and robotic systems in the workplace raises significant issues concerning employee monitoring, data protection and occupational safety.

A recent paper published on 22 September 2026 by the Fondazione Studi Consulenti del Lavoro highlights the dual role that these technologies may play: they can enable employers to monitor work activities, while also supporting compliance with occupational health and safety obligations.

Where AI-based systems make it possible to reconstruct employees’ working times, behaviour, movements or performance, employers must assess compliance with Article 4 of the Italian Workers’ Statute. Simply labelling a technology as a “work tool” is not sufficient: its actual functions and the data it generates must be assessed in practice.

Particular attention should also be paid to the use of information collected through such systems. The mere technical availability of data does not automatically entitle employers to use it for any purpose. Statutory requirements must be met and employees must receive adequate information on how the relevant tools are used and how monitoring activities are carried out.

From a health and safety perspective, AI and robotics may also become increasingly important tools for identifying and preventing workplace risks. In light of Article 2087 of the Italian Civil Code and technological developments, certain innovative systems may progressively become recognised as genuine occupational safety safeguards.

The practical implication for businesses is therefore significant: before deploying AI systems in the workplace, companies should carry out an integrated preliminary assessment covering system functionalities, data flows, potential monitoring effects, employee information requirements and occupational health and safety implications.