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Chapter 7 150 Faletta (2014) asked American HRM professionals which of 21 data sources would be appropriate for use in people analytics. While some were considered appropriate from an ethical perspective (e.g., performance ratings, demographic data, 360-degree feedback), particularly novel data sources were considered problematic: data of e-mail and video surveillance, performance and behavioral monitoring, and social media profiles and messages. At first thought, these seem extreme, overly intrusive data that are not and will not be used for decision-making. However, in reality, several organizations already collect such data (e.g., Hoffmann, Hartman, & Rowe, 2003; Roth et al., 2016) and they probably hold high predictive value for relevant business outcomes. Hence, it is not inconceivable that future organizations will find ways to use these data for personnel- related decisions – legally or illegally. Should they be allowed to? If not, who is going to monitor them? What if the data are used for mutually beneficial goals – to prevent problems or accidents? These and other questions deserve more detailed discussion by scholars, practitioners, and governments – preferably together. 7.3.3.2 Legal Boundaries Although HRM professionals should always ensure that they operate within the boundaries of the law, legal compliance does not seem sufficient when it comes to people analytics. Frequently, legal systems are unprepared to defend employees’ privacy against the potential invasions via the increasingly rigorous data collection systems (Boudreau, 2014; Ciocchetti, 2011; Sánchez Abril et al., 2012). Initiatives such as the General Data Protection Regulation in the European Union somewhat restore the power balance, holding organizations and their HRM departments accountable to inform employees what, why, and how personal data is processed and stored. The rights to access, correct, and erase their information is returned to employees (GDPR, 2016). However, such regulation may not always exist and, even if it does, data usage may be unethical, regardless of its legality. For instance, should organizations use all personnel data for which they have employee consent? One could argue that there are cases where the power imbalance between employers and employees negates the validity of consent. For instance, employees may be asked to sign written elaborate declarations or complex agreements as part of their employment, without being fully aware of what they consent to. Moreover, employees may feel pressured to provide consent in fear of losing their job, losing face, or peer pressure. Relatedly, employees may be incentivized to provide consent because of the perks associated with doing so, without fully comprehending the consequences. For instance, employees may share access to personal behavioral data in exchange for mobile devices, wellness, or mobility benefits, in which case these direct benefits may bias their perception and judgement. In such cases, data usage may not be ethically responsible, regardless of the legal boundaries, and HRM departments in general and people analytics specialists in specific should take the responsibility to champion the privacy and the interests of their employees.