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by bootsmann 386 days ago
It's really funny to me that with both the AI act and GDPR, you will see swathes of threads of people on HN bashing the law only to then later discover the purpose of this legislation from first principles.
2 comments

The same could come to Europe (lowballing broke people), because you can just make employees give their consent by baking it into all employment contracts. Just like the working time directive opt-out (HR say "take it or leave it" to 99.9% of people).

It probably already happens where it's already acceptable to request financial checks such as the finance industry.

You could try, but that would most likely be illegal and also fought tooth and nail by unions, which aren't as neutered as American unions. In Europe, sympathy strikes aren't Verboten like in the US.
Many countries in Europe have weak unions (eg Estonia, Lithuania, Latvia, Poland, Hungary, Bulgaria, Portugal, Czech Republic, Greece).

And there is no real EU (did you mean EU by "Europe"?) wide labour law

It depends on the territory, there's no pan-Europe regulation on it.

Even when the UK was in the EU sympathy strikes were illegal (to a much greater extent than the US).

The problem is the party selling that data actually. The nurses would need to consent that whomever the data broker got that data from to share their data with the broker and for the broker to share that data with the nursing service.
That would violate privacy laws. They could put it into the contract but they would be void
I don't agree. Which laws? Putting it in the contract is giving your permission. You're allowed to give your permission under GDPR.

A similar thing happened with the Working Time Directive - almost all contracts in my country make you agree to opt-out and that's been like that for over 15 years

That's not how European courts have been interpreting it. When they say "free consent" they do mean free as in beer, so a "consent or loose your job" provisions would almost certainly be thrown out.
What job is being lost when you are applying for a new job?

> That's not how European courts have been interpreting it

Any particular relevant cases I can lookup?

Firstly, the WTD makes mandatory a number of things that cannot be opted out from. The only thing opt-outable is the maximum of 48 hours work per week on average, and it is left to member states to legislate how that opt-out works (should they choose to have the opt-out at all).

In the UK, to pick a specific example, it is a combination of some workers not being allowed a choice of opt-out (e.g. healthcare workers, self-employed, "gig workers"), some union workers derogating that right to their unions collective bargaining... but for every other worker, the 48 hours is the law. You cannot mandate it in a contract. You can't advertise a job where you set the hours and those hours are on average over 48 hours per week. It's not a valid job and you are immediately in breach of statutory law.

https://www.acas.org.uk/working-time-rules/the-48-hour-weekl...

https://www.acas.org.uk/working-time-rules/jobs-with-differe...

> Any particular relevant cases I can lookup?

You'll have to look at member states cases, it's on them to define how the opt-out works.

One example: https://assets.publishing.service.gov.uk/media/61123e81e90e0... "In respect of the 48 hour week the claimant had not signed an opt out and as such if the claimant was working in excess of 48 hours average across the week then her right was being infringed. It is not in dispute that this is a statutory right capable of protection."

UK's Employment Rights Act 1996 section 101A: https://www.legislation.gov.uk/ukpga/1996/18/section/101A

https://www.edpb.europa.eu/system/files/2024-12/edpb_opinion...

Is an example where GDPR consent is not considered free if the alternative is paying money.

If you do not get a job, this seems fairly analogous.

> Putting it in the contract is giving your permission. You're allowed to give your permission under GDPR.

AFAIK the company must make it opt-in, non-mandatory and provide a way to change your mind at any moment.

Yes, as I said, by putting it in the employment contract when applying for a job.

Honestly it's hilarious how some people view GDPR. They think CEOs lose sleep at night worrying about it, that they might go to jail for it, or have to pay 100M Euro fine for a breach of it. It's simply not the case.

The reality of EU directives and regulations are very different to how they are sold. Many people fall prey to the marketing

> Many people fall prey to the marketing

It seems you did fall prey to the anti-GDPR marketing. It's being actually enforced [0] and doesn't allow "all or nothing" pseudo-consent [1].

[0] https://news.ycombinator.com/item?id=39813801

[1] https://news.ycombinator.com/item?id=39272861; (upd:) an even better link: https://news.ycombinator.com/item?id=40974361

There are many much older privacy laws then just GDPR.
15 years back, I was subscribed to EU official blog which presents their side of tabloid headlines like "Overpaid French suits want to ban blue stickers on only freckled apples". Did they publish ones for AI Act and GDPR, especially as more countries elect manly commonsense billionaire sympathizers?