General AI Crap

Lawyers send warning to people who use ChatGPT, Gemini, and Claude at work in South Africa - MyBB​

South Africans who use AI tools from popular platforms like ChatGPT, Claude, Grok, and Google Gemini at work should be aware of the complex legal challenges that may arise.

This is especially the case when these AI tools are used in decision-making that involves human work and may impact their employment or gauge their performance.

Any usage of AI tools in human resources work in South Africa can have dangerous implications under the Protection of Personal Information Act (POPIA) and the Employment Equity Act (EEA).

Bowmans, a top legal firm in South Africa, explained that since South Africa does not have a dedicated AI Act, the regulation of AI in the employment context falls to existing legislation of general application.

AI chatbots from third-party companies can be used for automated CV screening, chatbot-led interviews, and algorithmic performance monitoring and predictive analytics of the workplace.

“Employers are increasingly deploying AI systems across the employment lifecycle. These tools promise efficiency gains and data-driven objectivity. However, they also present significant legal risks, particularly in the areas of privacy, non-discrimination and fair labour practices.”

However, these activities may infringe on POPIA. The Act states that data subjects may not be subject to a decision which affects them to a substantial extent through the automated processing of their data.

This takes place when “an AI system generates a performance rating, identifies an employee for promotion or demotion, or recommends that a candidate be rejected for a role.”

Bowmans said that, to avoid being in breach of Section 71, employers must ensure they take measures that allow the data subject to make a representation.

Employers must also ensure that data subjects are provided with sufficient information about the automated processing and what will happen to their data.

“The responsible party must therefore have sufficient understanding of how the automated decision-making process came to its result,” Bowmans said.

Understanding this automated decision-making can be difficult because many third-party AI tools are not necessarily easy to understand, nor do they disclose details on how they arrive at their outputs.
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Lawyers send warning to people who use ChatGPT, Gemini, and Claude at work in South Africa

Bowmans, one of the biggest legal firms in South Africa, warned that using AI tools such as such ChatGPT and Gemini in the workplace could have severe POPIA implications.
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