The data to build these algorithms increase exponentially.

One video interview service, HireVue, boasts of its ability to detect thousands of data points in a single 30-minute interview, from sentence structure to facial movements, to determine employability against other applicants.

Imagine the opportunity, then, for a current employer to collect data continuously to determine leadership potential and promotions of its workforce. For instance, cameras in the workplace can collect facial expressions all day at work, particularly when entering and exiting the workplace.

Increasingly, the data are not just collected during the work day or while at work, but during off-duty conduct as well. In a recent article, Professor Inara Scott identified workplace programs that gathered massive amounts of data of off-duty conduct of employees from Facebook posts and Fitbit usage, for example, without transparency about future use of the data. Employers then used those bits of data to draw correlations to predict workplace success.

As Scott notes, most workers “will likely chafe at the notion that their taste in beer, love of indie rock and preference for the Washington Post, along with thousands of other variables, can be used to determine professional development opportunities, leadership potential and future career success.”

Nonetheless, that potential exists today in workplaces, and the law simply has not caught up to the vast amount of data collected and utilized by employers wanting to know the promotion and leadership investment in its employees is supported by the data.

In many cases, employees agree to collection of meta-data without a thorough understanding of what that data can reveal and how it can be used to help or hamper a career.