Commerce_2021_01 | Page 40

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Will it , and / or the software developer , be open to privacy and cybersecurity concerns and discrimination claims caused by perceived inequities in the resulting data or its use ?
◾ A company deploys robotics to increase efficiency and eliminate redundancy across a workforce . What are wage and hour law constraints ?
◾ A company with a unionized workforce introduces the use of “ cobots .” Are there collective bargaining concerns ? Complicating the issue , our framework of insurance , product liability , employment and commercial contracts laws typically lag behind technological innovations in the supply chain . Perhaps a legislative AI tool can help move things along . to automation , typically it does not eliminate the existing workforce but rather the workplace adapts , and employees are retrained to interact with these systems . Using AI to track goods through the stream of commerce may capture audio , video and biometric data of employees , whether inadvertently or intentionally , such as the use of palm scanners or facial recognition to track chain of custody of important documents , evidence or healthcare specimens . Data capture may encompass visitors , customers and passersby as well , but the most significant volume of interactions likely will be with employees . A variety of federal and state laws already regulate privacy and security of employee information , but the application of existing laws to AI is unchartered territory . Changes in the law are being considered around the country to address the new challenges presented by these revolutionary disruptive technologies . New Jersey businesses will need to keep abreast of these developments and be mindful to adopt appropriate policies and procedures when adopting automation .
Wilentz , Goldman & Spitzer , P . A . By Brett R . Harris , Esq ., Shareholder , Business , Nonprofit and Technology Attorney
The proliferation of automation , AI and robots in the workplace will likely enhance compliance obligations and legal risks for business clients relating to data privacy . Technology has vast capabilities to extract , record and preserve data . When a business turns
Autonomous cars and trucks will one day take jobs away from human drivers .
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