Can Employees Be Punished for Using AI at Work in Russia?

Russian legislation currently lacks a unified system for regulating artificial intelligence (AI), which creates legal uncertainty regarding its use by employees in performing their job duties. This was highlighted by Alexander Barkanov, an attorney at the Moscow City Bar Association and PhD in Law.

According to the expert, in certain scenarios, the use of AI is not only permitted but may even be a mandatory requirement for an employee. This applies, for instance, if it is stipulated in the company's internal documents or the employment contract. However, for an employee to face disciplinary action for using AI, a clear legal violation must be formally established.

General labor laws do not contain a direct prohibition on AI use, but organizations can introduce such restrictions through their local internal acts.

The attorney emphasized that employers have the right to monitor compliance with these rules and impose sanctions, including dismissal. Furthermore, if the unauthorized use of AI results in damage to the company, the employee may be held materially liable in accordance with Article 238 of the Russian Labor Code.

Barkanov specifically drew attention to working with personal data: transferring such data for AI processing could lead to administrative or even criminal liability. He reminded that, by law, the employer is the default operator of personal data, bearing all corresponding requirements and prohibitions.

The Ministry of Digital Development of Russia has previously presented a draft federal law aimed at establishing comprehensive regulations in the field of AI.