South African lawyers have issued a warning to employees about the potential legal risks associated with using artificial intelligence tools, such as ChatGPT, Gemini, and Claude, at work. According to law firm Bowmans, using AI in recruitment and HR decisions could expose companies to breaches of the Protection of Personal Information Act (POPIA). This warning highlights the need for caution when utilizing AI tools in the workplace.
The law firm raised concerns about businesses using AI to screen CVs, conduct chatbot interviews, or assess staff performance. This is particularly relevant in South Africa, where there is currently no dedicated AI legislation. As a result, existing laws, including POPIA and the Employment Equity Act, may come into conflict with workplace AI use. Companies must ensure that AI decisions allow for human input to avoid potential legal issues.
Under Section 71 of POPIA, decisions with significant effects on people cannot be based solely on automated data processing. This means that a job applicant or employee should be able to challenge a decision, understand how it was reached, and engage with a human decision-maker. This could apply when an AI system recommends rejecting an applicant or produces a performance rating that could affect someone's promotion or dismissal.
Staff who enter a colleague's, client's, or another person's personal information into public AI platforms may also create legal exposure for their employer, Bowmans warned. The firm noted that the employer remains responsible because it determines the purpose and means of processing the data. As a result, businesses are advised to establish clear rules for using AI, restrict the information employees can share with such tools, and train staff on their responsibilities under POPIA.
The warning from South African lawyers highlights a challenge that workplaces in Kenya and elsewhere may also recognize: the convenience of AI tools must be weighed against the risks of sharing sensitive information. In Kenya, for example, more than 75% of creatives surveyed were using AI tools such as ChatGPT, Google Gemini, and Canva to support tasks including image generation, design, and video creation.
Despite the growing use of AI tools, concerns have been raised about job displacement, intellectual property, misinformation, and cultural bias linked to AI. Researchers have called for stronger safeguards and greater transparency as AI adoption continues to grow. The debate surrounding AI use in the workplace is ongoing, with some people defending the technology while others urge caution over privacy and sensitive information.
The discussion on social media platforms reveals a range of opinions on AI use, from those who see its benefits to those who are concerned about its impact on jobs and data protection. As AI technology continues to evolve, it is essential for companies and employees to be aware of the potential risks and take steps to mitigate them. By doing so, they can harness the benefits of AI while minimizing its negative consequences.
Key points
- Employees who use AI tools like ChatGPT at work could expose their employers to legal risks, including breaches of the Protection of Personal Information Act.
- Companies must establish clear rules for using AI and train staff on their responsibilities under POPIA to avoid potential legal issues.
- The use of AI tools in the workplace raises concerns about job displacement, intellectual property, misinformation, and cultural bias linked to AI.
