"Drivers in Europe net big data rights win against Uber and Ola", 5 April 2023

In a major win over opaque algorithmic management in the so-called gig economy an appeals court in the Netherlands has found largely in favor of platform workers litigating against ride-hailing giants Uber and Ola — judging the platforms violated the drivers’ rights in a number of instances, including when algorithms were involved in terminating driver accounts.

The court also ruled the platforms cannot rely on trade secrets exemptions to deny drivers access to their data. Although challenges remain for regional workers to use existing laws to get enough visibility into platforms’ data processing to know what information to ask for to be able to meaningfully exercise their data access rights.

The appeal was brought by the not-for-profit data trust Worker Info Exchange (WIE) in support of members of the App Drivers & Couriers Union (ADCU) in the U.K. and a driver based in Portugal.

One case against Uber’s robo-firings involved four drivers (three based in the U.K., one in Portugal); a second case against Uber over data access involved six U.K.-based drivers; while a data access case against Ola involved three[sic] U.K.-based drivers.

Several decisions taken by the ride-hailing platforms were found to meet the relevant legal test of automated decision-making — including assigning rides; calculating prices; rating drivers; calculating ‘fraud probability scores’; and deactivating drivers’ accounts in response to suspicions of fraud — meaning drivers are entitled to information on the underlying logic of these decisions. (And also to a right to meaningful human review if they object to decisions.)

“The court ordered that Uber must explain how driver personal data and profiling is used in Uber’s upfront, dynamic pay and pricing system. Similarly, the court ordered Uber to transparently disclose how automated decision making and worker profiling is used to determine how work is allocated amongst a waiting workforce,” said WIE in a press release.

“Ola Cabs was also ordered to disclose meaningful information about the use in automated decision making of worker earnings profiles and so called ‘fraud probability scores’ used in automated decision making for work and fares allocation. The court also ruled that internally held profiles relating drivers and associated performance related tags must be disclosed to drivers.”

The companies have been given two months to provide the requested information to the drivers (with the risk of fines of daily several thousand euros apiece for non-compliance), as well as being ordered to pick up the majority of the case costs.